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2024 DIGILAW 789 (ALL)

Kallu Alias Asfaq v. State Of U. P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko.

2024-03-13

SUBHASH VIDYARTHI

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JUDGMENT : 1. Heard Sri Brijesh Kumar Yadav, the learned counsel for the applicants, Sri Shashi Bhushan, the learned A.G.A. for the State and Ms. Archana Yadav, the learned counsel for opposite party Nos. 2 & 3 and perused the record. 2. Short counter affidavit filed on behalf of opposite party nos. 2 & 3 is taken on record. 3. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the impugned charge sheet No. A350/2021 dated 13.11.2023 as well as the entire proceedings of Criminal Case No. 3215 of 2023, arising out of Case Crime No. 378 of 2021, under Sections 323, 427, 506, 325 IPC relating to Police Station Jagdishpur, District Amethi, pending in the court of Chief Judicial Magistrate, Court No. 16, Sultanpur. 4. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise deed has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of compromise. 5. Opposite party Nos. 2 & 3 do not have any objection, if the impugned proceedings are quashed against the applicants. 6. I have considered the submissions of learned counsel for the parties. 7. Considering the fact that the dispute between the parties is personal in nature and 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 criminal proceedings would be an exercise in futility. 8. 8. 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 application is allowed and proceedings of the impugned charge sheet No. A350/2021 dated 13.11.2023 as well as the entire proceedings of Criminal Case No. 3215 of 2023, arising out of Cas Crime No. 378 of 2021, under Sections 323, 427, 506, 325 IPC relating to Police Station Jagdishpur, District Amethi, pending in the court of Chief Judicial Magistrate, Court No. 16, Sultanpur, are quashed.