CHARANJEET KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6784/2025 · 2025-08-20
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 158600 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158600 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48977 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6784 of 2025 Applicant :- Charanjeet Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ambrish Kumar Pandey,Dushyant Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State, as well as Shri Ram Janak Yadav, 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 has been filed seeking quashing of the cognizance order dated 09.04.2024 passed by the learned Additional Chief Judicial Magistrate, Court No.11, Barabanki in Criminal Case No.779/2024, arising out of Case Crime No.0665/2022, under Sections 498-A and 323 IPC read with Sections 3, 4 D.P. Act lodged at Police Station Ram Nagar, District Barabanki, to quash the charge-sheet no.01/2022 dated 18.11.2022 filed in the aforesaid case crime number and to quash the entire criminal proceedings of 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-7 to the application. The parties have confirmed the terms of the
compromise. The compromise has been verified between the parties by learned Additional Chief Judicial Magistrate, Court No. 15, Barabanki vide order dated 30.07.2025 in compliance of the order dated 28.07.2025 passed by this Court in Application U/s 482 No.6060 of 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 cognizance order dated 09.04.2024 passed by the learned Additional Chief Judicial Magistrate, Court No.11, Barabanki in Criminal Case No.779/2024, arising out of Case Crime No.0665/2022, under Sections 498-A and 323 IPC read with Sections 3, 4 D.P. Act lodged at Police Station Ram Nagar, District Barabanki, the charge-sheet no.01/2022 dated 18.11.2022 filed in the aforesaid case crime number and the entire criminal proceedings of the aforesaid case 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 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench