HARI RAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7338/2025 · 2025-09-02
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 161289 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161289 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7338 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant, Sri Anshu Singh, 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 charge- sheet dated 18.08.2018 filed in Case Crime No.022/2018, under Sections 370, 323, 504 and 506 IPC lodged at Police Station Kachhauna, District Hardoi, to quash the entire proceedings of Case No.7694/2019 (State Vs. Hariram), pending in the Court of learned Additional Chief Judicial Magistrate-II, Hardoi and to quash the cognizance/summoning order dated 20.07.2019 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-5 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. 2, Hardoi vide
order dated 12.08.2025 in compliance of the
order dated 07.08.2025 passed by this Court in an Application U/s 482 No.6269/2025.
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. Versus Counsel for Applicant(s) : Krishna Kumar Singh Counsel for Opposite Party(s) : G.A. Hari Ram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(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 Case No.7694/2019 (State Vs. Hariram), pending in the Court of learned Additional Chief Judicial Magistrate-II, Hardoi, including the charge-sheet dated 18.08.2018 and the cognizance/summoning
order dated 20.07.2019, are hereby quashed.
7. The compromise deed shall be made part of this order.
8. Consign to record. September 2, 2025 MVS/- A482 No. 7338 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench