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2025 DAILYLAW 169698 (ALL)

AMRESH KUMAR SINGH v. THE STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/11239/2024 · 2025-08-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44899 Court No. - 15 Case :- APPLICATION U/S 482 No. - 11239 of 2024 Applicant :- Amresh Kumar Singh Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Atul Verma,Ajay Kumar Rai,Akhilendra Pratap Singh,Suraj Kumar,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Sanjay Mishra Hon'ble Subhash Vidyarthi,J. Supplementary affidavit has been filed on behalf of the applicant, which is taken on record. Heard Sri Atul Verma, Learned Counsel for the Applicant; Shri Angad Kumar Vishwakarma, Learned Addl. Government Advocate, and Shri Sanjay Mishra, Learned Counsel for opposite party No. 2, who has filed counter affidavit on his behalf, which is taken on record. By means of the instant application, the applicant has sought quashing of the Chargesheet dated 05.02.2024 and the cognizance/summoning order dated 15.02.2024 in Sessions Trial No. 583 of 2024, arising out of Case Crime No. 200 of 2023 under Sections 376(2)/323/504/506/354, I.P.C. and Section 66-E of I.T. Act, P.S. Alambagh, Lucknow, as also the entire proceedings of the aforesaid case/Sessions Trial, on the ground that the parties have entered into a compromise. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party No. 2 on 06-09-2023, stating that when the informant had gone to Police Choki, Hydle, Sarojini Nagar, Lucknow, for lodging a case, the Choki incharge misbehaved with her. She also alleged that the accused person has some photos and videos, and that he is threatening to spread the same virally. After investigation, a charge sheet was submitted against the applicant on 05-02-2024, and the trial court took cognizance of the offenses on 15-02-2024. Although the charge sheet contains an allegation of the commission of an offense under Section 376(2), IPC, the victim had declined to undergo medico-legal examination. During the pendency of the proceedings, the parties have entered into a compromise, dated 26-11-2024, stating that the parties were known to each other for a long time, that both of them have got married, and are leading their respective matrimonial lives happily. Both of them have resolved their disputes, and the opposite party No. 2 has agreed to the closure of the criminal proceedings instituted by her. On the basis of compromise, the opposite party No. 2 has filed a counter affidavit today admitting the aforesaid facts and supporting the prayer for quashing of the proceedings. Learned Counsel for the opposite party No. 2 has also supported the prayer for quashing of the proceedings. 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 petition is allowed and proceedings of Chargesheet dated 05.02.2024 and the cognizance/summoning order dated 15.02.2024 in Sessions Trial No. 583 of 2024, arising out of Case Crime No. 200 of 2023 under Sections 376(2)/323/504/506/354, I.P.C. and Section 66-E of I.T. Act, P.S. Alambagh, Lucknow, as also the entire proceedings of the aforesaid case/Sessions Trial, are hereby quashed. (Subhash Vidyarthi, J.) Order Date :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench