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

Surendra Singh @ Toni 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

Quashing of the charge sheet dated 24.11.2023, the summoning order dated 05.09.2024 and the entire proceedings of Criminal Case No.92157 of 2023, arising out of Case Crime No.0146 of 2023, under Sections 354-A, 354-D I.P.C. and Section 67 Information Technology Act, Police Station Alambagh, District Lucknow, pending before the learned Special Chief Judicial Magistrate, Lucknow.

Issue for consideration

Whether, in view of the amicable out-of-court settlement/compromise between the parties in a criminal case under Sections 354-A, 354-D I.P.C. and Section 67 of the Information Technology Act, the impugned charge sheet dated 24.11.2023, the summoning order dated 05.09.2024 and the entire proceedings of Criminal Case No.92157 of 2023 should be quashed under Section 482 Cr.P.C./Section 528 BNSS.

Court's answer

Because the dispute between the parties was personal in nature and had been settled amicably by compromise, and relying on the ratio laid down by the Supreme Court in B. S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, it was appropriate in the facts and circumstances of the case to quash the criminal proceedings, as their continuance would be an exercise in futility.

Ratio / Principle

The application under Section 482 Cr.P.C./Section 528 BNSS was allowed and the charge sheet dated 24.11.2023, the summoning order dated 05.09.2024 and the entire proceedings of Criminal Case No.92157 of 2023, arising out of Case Crime No.0146 of 2023, under Sections 354-A, 354-D I.P.C. and Section 67 Information Technology Act, Police Station Alambagh, District Lucknow, pending before the Special Chief Judicial Magistrate, Lucknow, were quashed.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Subhash Vidyarthi, J.; order dated 10.7.2025): application under Section 482 Cr.P.C./Section 528 BNSS allowed and the charge sheet dated 24.11.2023, the summoning order dated 05.09.2024 and the entire proceedings of Criminal Case No.92157 of 2023 (arising out of Case Crime No.0146 of 2023, under Sections 354-A, 354-D I.P.C. and Section 67 Information Technology Act, Police Station Alambagh, District Lucknow) pending before the learned Special Chief Judicial Magistrate, Lucknow, quashed. Basis: the parties had settled their personal dispute amicably outside the Court by a compromise (deed at Annexure No.4), whose terms were confirmed, and opposite party no.2 raised no objection; relying on the Supreme Court's 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 continuance of the criminal proceedings would be an exercise in futility.

Neutral Citation No. - 2025:AHC-LKO:39507

Court No. - 15

Case :- APPLICATION U/S 482 No. - 5567 of 2025

Applicant :- Surendra Singh @ Toni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

Counsel for Applicant :- Mukut Bihari Tripathi,Ram Vishal Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Ram Vishal Tripathi, the learned counsel for the applicant, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Atul Kumar Mishra, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record.

Short 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./Section 528 BNSS, the applicant has sought for quashing of impugned charge sheet dated 24.11.2023, summoning order dated 05.09.2024 along with entire proceedings of Criminal Case No.92157 of 2023, arising out of Case Crime No.0146 of 2023, under Sections 354-A, 354-D I.P.C. and Section 67 Information Technology Act, Police Station Alambagh, District Lucknow pending in the Court of learned Special Chief Judicial Magistrate, Lucknow.

3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. A copy of compromise deed has been

placed on record as Annexure No.4 to the application. The parties have confirmed the terms of compromise.

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

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

6. 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 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.

7. 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 impugned charge sheet dated 24.11.2023, summoning order dated 05.09.2024 along with entire proceedings of Criminal Case No.92157 of 2023, arising out of Case Crime No.0146 of 2023, under Sections 354-A, 354-D I.P.C. and Section 67 Information Technology Act, Police Station Alambagh, District Lucknow pending in the Court of learned Special Chief Judicial Magistrate, Lucknow are quashed.

Order Date :- 10.7.2025 Ram.

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