Surya Pratap Singh @ Surya Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Surya Pratap Singh @ Surya Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; charge sheet No. 103/15 dated 14.05.2015 and the entire proceedings of Sessions Trial No. 1033 of 2016 (Case Crime No. 86 of 2015, Sections 308, 427 and 506 IPC, P.S. Chinhat, District Lucknow) quashed.

Issue for consideration

Whether the impugned charge sheet No. 103/15 dated 14.05.2015 and the entire proceedings of Sessions Trial No. 1033 of 2016 should be quashed on the ground that the parties have entered into a compromise dated 26.05.2025. +1 more

Court's answer

The application under Section 482 Cr.P.C. is allowed and the impugned charge sheet No. 103/15 dated 14.05.2015 as well as the entire proceedings of Sessions Trial No. 1033 of 2016, arising out of Case Crime No. 86 of 2015 under Sections 308, 427 and 506 IPC, Police Station Chinhat, District Lucknow, pending before the Additional District & Sessions Judge, Court No. 6, Lucknow, are quashed.

Ratio / Principle

Considering that the dispute between the parties is of a private nature, does not affect the public at large, and the ratio laid down by the Supreme Court in B. S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, it is appropriate in the facts and circumstances of the case to quash the criminal proceedings, as their continuance would be an exercise in futility.

Key takeaways

As the injuries caused in the incident were simple in nature, the dispute falls within the category of private offences, and the opposite party no. 2 has entered into a compromise.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Subhash Vidyarthi, J.), Order Date 23.7.2025, Neutral Citation 2025:AHC-LKO:42556 — Application under Section 482 Cr.P.C. (No. 4694 of 2025) by Surya Pratap Singh @ Surya ALLOWED; charge sheet No. 103/15 dated 14.05.2015 and entire proceedings of Sessions Trial No. 1033 of 2016 (Case Crime No. 86 of 2015, Sections 308, 427 and 506 IPC, P.S. Chinhat, District Lucknow) QUASHED. Basis: compromise dated 26.05.2025 between the parties; medico legal report showed five simple injuries on opposite party no. 2, making the dispute a private offence not affecting the public at large; opposite party no. 2 supported the quashing; continuance held to be an exercise in futility. Reliance placed on Supreme Court precedents: 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; Narinder Singh (2014) 6 SCC 466.

Neutral Citation No. - 2025:AHC-LKO:42556

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4694 of 2025

Applicant :- Surya Pratap Singh @ Surya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arvind Kumar Verma Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Arvind Kumar Verma, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned A.G.A. for the State and Sri Harish Kumar, learned counsel for the opposite party no.2 and perused the record. Short counter affidavit filed by the learned counsel for opposite party No.2 is taken on record.

By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the impugned charge sheet No. 103/15 dated 14.05.2015 as well as the entire proceedings of Sessions Trial No. 1033 of 2016, arising out of Case Crime No. 86 of 2015, under Sections 308, 427 and 506 IPC relating to Police Station Chinhat, District Lucknow, pending in the court of learned Additional District & Sessions Judge, Court No. 6, Lucknow, on the ground that the parties have entered into a compromise dated 26.05.2025 which has been annexed with the application.

It is stated in the compromise that the parties are known to each other, they have resolved their disputes and their amicable relations have been restored. The parties have entered into the compromise deciding to put an end to the ongoing criminal proceeding against the applicant.

The aforesaid case was instituted on the basis of an FIR lodged on 01.03.2025 stating that the applicant and some other persons had beaten up the informant. The medico legal examination report mentions five injuries suffered by the opposite party no. 2, all of which were simple in nature. As the injuries caused in the incident were simple in nature, the dispute falls within the category of private offences and the opposite party no. 2 has entered into a compromise.

The learned counsel for the opposite party No.2 does not have any objection, if the impugned proceedings are quashed

against the applicant and the opposite party no.2 supports the application.

Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and 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 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 application is allowed and the impugned charge sheet No. 103/15 dated 14.05.2015 as well as the entire proceedings of Sessions Trial No. 1033 of 2016, arising out of Case Crime No. 86 of 2015, under Sections 308, 427 and 506 IPC relating to Police Station Chinhat, District Lucknow, pending in the court of learned Additional District & Sessions Judge, Court No. 6, Lucknow, are quashed.

Order Date :- 23.7.2025 Pradeep/-

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