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2025 DAILYLAW 157836 (ALL)

PAVAN KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6658/2025 · 2025-08-14

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47978 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6658 of 2025 Applicant :- Pavan Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suresh Kumar Yadav,Sunil Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned AGA for the State, as well as Sri Rahul Kannojia, Advocate, who has put in appearance and filed his Vakalatnama on behalf of opposite party no. 2, and perused the record. The Vakalatnama is taken on record. 2. The instant application U/s 482 CrPC has been filed seeking quashing of the charge-sheet no.223 of 2016 dated 21.08.2016 filed in Case Crime/FIR No.01029 of 2016, under Sections 308, 323, 324, 341, 504 and 506 IPC lodged at Police Station Kaiserganj, District Bahraich and quashing of entire proceedings of Case No.4866 of 2016 (State Vs. Shreepal Vishwakarma and others), pending in the Court of learned Chief Judicial Magistrate, Bahraich on the ground that the parties have arrived at a compromise/settlement. 3. Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties have been placed on record as Annexure-3 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Chief Judicial Magistrate, Bahraich vide order dated 12.08.2024 in compliance of the order dated 01.08.2024 passed by this Court in Application u/s 482 No.1366 of 2021. 4. I have considered the submissions of learned counsel for the parties. 5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present application is allowed and the entire proceedings of Case No.4866 of 2016 (State Vs. Shreepal Vishwakarma and others), pending in the Court of learned Chief Judicial Magistrate, including the charge-sheet no.223 of 2016 dated 21.08.2016 filed in Case Crime/FIR No.01029 of 2016, under Sections 308, 323, 324, 341, 504 and 506 IPC lodged at Police Station Kaiserganj, District Bahraich, are hereby quashed. . [Shree Prakash Singh,J.] Order Date :- 14.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench