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2025 DAILYLAW 158560 (ALL)

NITESH KUMAR SAHU @ NITESH SAHU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/6805/2025 · 2025-08-20

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49005 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6805 of 2025 Applicant :- Nitesh Kumar Sahu @ Nitesh Sahu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Uma Kant Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, as well as Sri Ashish Kumar Shukla, Advocate, who has put in appearance by way of filing his Vakalatnama on behalf of opposite party no. 2, and the perused the record. The Vakalatnama is taken on record. 2. The instant application has been filed seeking quashing of the entire proceedings of Criminal Case No.93190/2019 (State of U.P. Vs. Nitesh Sahu), arising out of FIR/Case Crime No.0726/2018, under Sections 406 and 120-B IPC lodged at Police Station Sarojini Nagar, District Lucknow, pending in the Court of learned Judicial Magistrate-III, Lucknow, so far as they relate to the applicant, to quash the charge-sheet dated 14.01.2019 filed in the aforesaid case crime number and to quash the summoning order dated 11.12.2019 passed in the aforesaid case 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-4 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Additional Judicial Magistrate IIIrd, Lucknow vide order dated 30.07.2025 in compliance of the order dated 18.07.2025 passed by this Court in an application U/s 482 No.1794/2025. 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 instant application is allowed and the entire proceedings of Criminal Case No.93190/2019 (State of U.P. Vs. Nitesh Sahu), arising out of FIR/Case Crime No.0726/2018, under Sections 406 and 120-B IPC lodged at Police Station Sarojini Nagar, District Lucknow, pending in the Court of learned Judicial Magistrate-III, Lucknow, so far as they relate to the applicant, including the charge-sheet dated 14.01.2019 and the summoning order dated 11.12.2019 are hereby quashed. 7. The compromise deed shall be part of this order. 8. Consign to record. [Shree Prakash Singh,J.] Order Date :- 20.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench