Aftab Alam And 6 Others v. State Of U.P. Thru. Addl. Chief Secy. Home U.P
Case at a glance
- Bench
- SHREE PRAKASH SINGH
Provisions considered
Key paragraphs
- Para 66. 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, arising…
Judgment
: Brijesh Kumar Srivastava : G.A., Shweta Gupta Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
Heard learned counsel for the applicants, learned AGA for the State, as well as Ms. Shweta Gupta, Advocate, who has put in appearance on behalf of opposite party no. 2 by way of filing her Vakalatnama, and perused the record. The Vakalatnama taken on record.
The instant application has been filed seeking quashing of the charge- sheet no.33/2019 dated 20.04.2019 filed in Case Crime No.0072/18, under Sections 498-A and 323 IPC read with Section 3 and 4 D.P. Act lodged at Police Station Mahila Thana, Tanda, District Ambedkar Nagar registered as Criminal Case No.911/2019, to quash the summoning order dated
20.06.2019 and to quash the entire proceedings, arising out of the aforesaid case crime number, on the ground that the parties have arrived at a compromise/settlement.
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-5 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Civil Judge, J.D., Fast Ist/J.M. (Offence against Women), Ambedkar Nagar vide order dated 22.04.2025 in compliance of the order dated
10.03.2025 passed by this Court in an Application U/s 482 No.2170 of 2025.
I have considered the submissions of learned counsel for the parties. 2 A482 No. 7841 of 2025
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.
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, arising out of Case Crime No.0072/18, under Sections 498-A and 323 IPC read with Section 3 and 4 D.P. Act lodged at Police Station Mahila Thana, Tanda, District Ambedkar Nagar, including the impugned charge-sheet and the summoning order, are hereby quashed.
The compromise deed shall be made part of this order.
Consign to record. September 18, 2025 MVS/- (Shree Prakash Singh,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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