VINOD MISHRA @ VINOD KUMAR MISHRA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
A482/7653/2025 · 2025-09-11
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163687 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163687 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7653 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicants, learned AGA for the State, as well as Shri Abhishek Kumar, Advocate, who has put in appearance on behalf of opposite party nos. 2 and 3 by way of filing his Vakalatnama, and perused the record. The Vakalatnama is taken on record. 2. The instant application has been filed seeking quashing of the entire proceeding of Criminal Case No.10341/2019 (State Vs. Kuldeep and others) arising out of Case Crime No.0127/2019, under Sections 147/148/323/504/506 IPC lodged at Police Station Kotwali Nagar, District Gonda, pending in the court of learned Chief Judicial Magistrate, Gonda and other consequential proceeding, arising out of the aforesaid case crime number, 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 has 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, Gonda vide order dated 14.07.2025 in compliance of the order dated 16.05.2025 passed by this Court in an Application U/s 482 No.5079/2025. 4. I have considered the submissions of learned counsel for the parties. Versus Counsel for Applicant(s) : Anoop Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Vinod Mishra @ Vinod Kumar Mishra And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
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.
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.10341/2019 (State Vs. Kuldeep and others) arising out of Case Crime No.0127/2019, under Sections 147/148/323/504/506 IPC lodged at Police Station Kotwali Nagar, District Gonda, pending in the court of learned Chief Judicial Magistrate, Gonda and other consequential proceeding, arising out of the aforesaid case crime number, are hereby quashed. 7. The compromise deed shall be made part of this order. 8. Consign to record. September 11, 2025 MVS/- A482 No. 7653 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench