Shashi Khurana Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Shashi Khurana Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The application under Section 528 BNSS / 482 Cr.P.C. was allowed; the summoning order dated 20.03.1993 and the entire proceedings of Complaint Case No. 440 of 2007 under Sections 323, 325, 452, 504 and 506 IPC, Police Station Aliganj, District Lucknow stand quashed.

Issue for consideration

Whether the summoning order dated 20.03.1993 and the entire proceedings of Complaint Case No. 440 of 2007 (under Sections 323, 325, 452, 504 and 506 IPC, P.S. Aliganj, Lucknow) should be quashed in view of the amicable settlement and compromise between the parties.

Ratio / Principle

On perusal of the record it is apparent that the parties have entered into a compromise and settled their dispute amicably, and it is highly doubtful whether the ingredients of the alleged offences are made out.

Key takeaways

Accepting the compromise between the parties cumulatively, and taking into account the legal position laid down by the Apex Court in Narinder Singh v. State of Punjab, Yogendra Yadav v. State of Jharkhand and Parbatbhai Aahir v. State of Gujarat, the entire proceedings of the complaint case are quashed.ratio¶16

Detailed headnote1 paragraphs

Quashing of criminal proceedings on compromise — Application under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.) filed to quash summoning order dated 20.03.1993 and entire proceedings of Complaint Case No. 440 of 1992 (renumbered No. 440 of 2007) under Sections 323, 325, 452, 504 and 506 IPC, Police Station Aliganj, District Lucknow — Parties had amicably settled their private dispute and executed a compromise deed dated 24.12.2024, verified by the trial court on 15.02.2025 in compliance of the High Court's order dated 15.01.2025 in Application U/s 482 No. 154 of 2025 — Opposite party no. 2 (complainant) raised no objection and did not wish to press the prosecution — Court found it highly doubtful that the ingredients of the alleged offences were made out — Relying on the legal position laid down by the Supreme Court in Narinder Singh v. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav v. State of Jharkhand, (2014) 9 SCC 653, and Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641, the entire proceedings were quashed and the petition allowed (Alok Mathur, J.).

Neutral Citation No. - 2025:AHC-LKO:18902

Court No. - 12

Case :- APPLICATION U/S 482 No. - 2709 of 2025

Applicant :- Shashi Khurana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Aditya Prakash,Manish Pandey Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Mr. Suresh Kumar Mishra, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in Court is taken on record.

Heard Mr. Manish Pandey, learned counsel for applicant, Mr. Suresh Kumar Mishra, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the material available on record.

By means of this application under Section 528 of the Bhartiya Nagarik Surkasha Sanhita, 2023 (482 Cr.P.C.), the applicants have prayed following reliefs:-

"to pass an order or direction for quashing of summoning order dated 20.03.1993 passed by learned Additional Chief Judicial Magistrate-I, Lucknow in Complaint Case No. 440 of 1992 (Now Complaint Case No. 440 of 2007), under Sections 323, 325, 452, 504 and 506 IPC, Police Station Aliganj, District Lucknow as well as entire proceedings of the aforesaid complaint case may also be quashed."

At the very outset, learned counsel for applicant has submitted that the dispute between the parties has been amicably settled and the parties have entered into a compromise (by means of compromise deed dated 24.12.2024), which has been verified by the trial court on 15.02.2025 in compliance of order passed by this Court on 15.01.2025 in Case:- Application

U/s 482 No. 154 of 2025.

Learned counsel for opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for applicant or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid are quashed.

Learned counsel for applicant in support of his contention has placed reliance on the judgments of Hon'ble Apex Court in the case of Narinder Singh Vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no. 2 have settled through compromise their private and civil disputes and as such opposite party no. 2 does not wish to press the aforesaid case against the applicant. Opposite party no. 2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

From perusal of the record, it is apparent that the parties have entered in to compromise and have settled their dispute amicably and it is highly doubtful if the ingredients of the offence as alleged are made out.

Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between the parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab (supra), Yogendra Yadav Vs. State of Jharkhand (supra) and

Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.

With the aforesaid observations/directions, the present 482 Cr.P.C. petition stands allowed.

(Alok Mathur, J.)

Order Date :- 4.4.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench