Allowed

Khursheed Fatima and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC19 Feb 2024A482/1272/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Allahabad High Court quashed a charge sheet, summoning order, and criminal proceedings based on Sections 323/504/506 IPC after it was established that the parties had amicably settled their personal dispute via a compromise agreement.

What did the court decide?

Application allowed; charge sheet, summoning order, and entire criminal proceedings quashed.

Khursheed Fatima and 2 Others vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:14338

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1272 of 2024

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Applicant :- Khursheed Fatima And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Shubham Tiwari,Adarsh Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Shubham Tiwari, the learned counsel for the applicants, Sri Sanjay Maurya, the learned A.G.A. for the State and Pradeep Kumar, the learned counsel for opposite party No.2 and perused the record.

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Counter affidavit filed on behalf of opposite party No.2 is taken on record.

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By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of charge sheet no. 01 dated 05.08.20221, summoning order dated 22.03.2023 as well as the entire proceedings of Case No. 28370 of 2023 arising out of Case Crime No. 304 of 2021, under Sections 323/ 504/ 506 IPC, Police Station Thakurganj, District Lucknow.

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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 agreement has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of compromise.

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Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants.

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I have considered the submissions of learned counsel for the parties.

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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

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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.

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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 charge sheet no. 01 dated 05.08.20221, summoning order dated 22.03.2023 as well as the entire proceedings of Case No. 28370 of 2023 arising out of Case Crime No. 304 of 2021, under Sections 323/ 504/ 506 IPC, Police Station Thakurganj, District Lucknow, are quashed.

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Order Date :- 19.2.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Khursheed Fatima and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Khursheed Fatima and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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