Amresh Kumar Singh Vs the State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Amresh Kumar Singh Vs the State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; chargesheet dated 05.02.2024 and 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, quashed.

Issue for consideration

Whether the chargesheet dated 05.02.2024, 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), and the entire proceedings of the said case/Sessions Trial should be quashed on the ground that the parties have entered into a compromise.

Court's answer

Considering the ratio laid down by the Supreme Court in B. S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (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 would be an exercise in futility.

Ratio / Principle

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 the law laid down by the Supreme Court of India, the present petition is allowed.

Key takeaways

The proceedings 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, are hereby quashed.ratio¶16

Detailed headnote1 paragraphs

Criminal quashing - S.482 application (APPLICATION U/S 482 No. 11239 of 2024, Neutral Citation 2025:AHC-LKO:44899) - Allahabad High Court, Lucknow Bench (Court No. 15), decided 01.08.2025 by Subhash Vidyarthi, J. (single member). Applicant Amresh Kumar Singh 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, instituted on an FIR lodged by opposite party No. 2 on 06-09-2023 alleging misbehaviour by a Choki incharge and threats to circulate photos/videos; the victim had declined medico-legal examination. During the proceedings the parties executed a compromise dated 26-11-2024 recording that both of them have got married and resolved their disputes, and opposite party No. 2 filed a counter affidavit supporting closure of the proceedings instituted by her. Relying on the ratio in B. S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (2014) 6 SCC 466, the court held that continuance of the proceedings would be an exercise in futility, allowed the petition and quashed the chargesheet, the cognizance/summoning order and the entire proceedings of the Sessions Trial.

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.

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 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