Sandeep Kumar Gupta @ Sandeep Gupta Vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

Sandeep Kumar Gupta @ Sandeep Gupta Vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the charge-sheet dated 20.07.2005, the summoning order dated 10.11.2005, the non-bailable warrant dated 10.02.2025 and the entire proceedings of Criminal Case No.15890 of 2005 arising out of Case Crime No. 354 of 2005 under Sections 406, 323, 504, 506 IPC, pending before the learned Chief Judicial Magistrate, Lucknow.

Issue for consideration

Whether the charge-sheet dated 20.07.2005, the summoning order dated 10.11.2005, the non-bailable warrant dated 10.02.2025 and the entire proceedings of Criminal Case No.15890 of 2005 (arising out of Case Crime No. 354 of 2005 under Sections 406, 323, 504, 506 IPC) should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

In view of the settlement between the parties by way of compromise and the ratio laid down by the Supreme Court in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, it would be appropriate to quash the criminal proceedings, as continuance of the proceedings would be an exercise in futility.

Ratio / Principle

The present petition is allowed and the charge-sheet dated 20.07.2005, the summoning order dated 10.11.2005, the non-bailable warrant dated 10.02.2025 and the entire proceedings of Criminal Case No.15890 of 2005 arising out of Case Crime No. 354 of 2005 are quashed.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. — Application under Section 482 Cr.P.C. by Sandeep Kumar Gupta @ Sandeep Gupta allowed. Charge-sheet dated 20.07.2005, summoning order dated 10.11.2005, non-bailable warrant dated 10.02.2025 and the entire proceedings of Criminal Case No.15890 of 2005 (arising out of Case Crime No. 354 of 2005 under Sections 406, 323, 504, 506 IPC, P.S. Hazratganj, Lucknow, pending before the Chief Judicial Magistrate, Lucknow) quashed, the parties having settled their dispute amicably by compromise (Annexure-6), verified by the Judicial Magistrate, Lucknow vide order dated 12.06.2025 in compliance of this Court's order dated 28.05.2025. Reliance placed on the Supreme Court decisions 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; continuance of proceedings held to be an exercise in futility.

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4537 of 2025 Applicant :- Sandeep Kumar Gupta @ Sandeep Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another

Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.,Deepak Kumar,Rakesh Kumar

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Vijay Kumar, the learned counsel for the applicants, Sri Hans Raj Verma, the learned A.G.A. for the State and Sri Deepak Kumar, the learned counsel for opposite party No.2 and perused the record. Counter affidavit filed by the learned counsel for opposite party No.2 is taken on record.

2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge-sheet dated 20.07.2005, the summoning order dated 10.11.2005, nonbailable warrant dated 10.02.2025 as well as the entire proceedings of Criminal Case No.15890 of 2005 arising out of the Case Crime No. 354 of 2005 under Sections 406, 323, 504, 506, IPC, Police Station- Hazratganj, Lucknow pending in the Court of learned Chief Judicial Magistrate, Lucknow on the basis of compromise entered into between the parties.

Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-6 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Judicial Magistrate, Lucknow vide order dated 12.06.2025 in compliance of the order dated 28.05.2025 passed by this Court in Application u/s 482 No. 4537 of 2025 .

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 the charge-sheet dated 20.07.2005, the summoning order dated 10.11.2005, nonbailable warrant dated 10.02.2025 as well as the entire proceedings of Criminal Case No.15890 of 2005 arising out of the Case Crime No. 354 of 2005 under Sections 406, 323, 504, 506, IPC, Police Station- Hazratganj, Lucknow pending in the Court of learned Chief Judicial Magistrate, Lucknow are hereby quashed .

(Subhash Vidyarthi,J.)

Order Date :- 8.7.2025 -Amit K-

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