Naumi Lal and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Naumi Lal and Another Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings of Case No. 90537/2022, arising out of Case Crime No. 921/2016, under Sections 452, 325, 504, 323 IPC, Police Station Madion (Mandiyao), District Lucknow, together with the charge sheet dated 04.04.2017 and the cognizance and summoning order dated 23.09.2022 passed by Judicial Magistrate-III, Lucknow.

Issue for consideration

Whether the entire criminal proceedings of Case No. 90537/2022 arising out of Case Crime No. 921/2016 (Sections 452, 325, 504, 323 IPC, P.S. Madion (Mandiyao), Lucknow), the charge sheet dated 04.04.2017 and the cognizance/summoning order dated 23.09.2022 should be quashed in view of the compromise reached between the parties.

Court's answer

Since the dispute between the parties was personal in nature and had been settled amicably outside the Court, and considering the ratio laid down by the Supreme Court in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, continuance of the criminal proceedings would be an exercise in futility and it was appropriate to quash them.

Ratio / Principle

On account of the parties having settled their dispute outside the Court by way of compromise and the law laid down by the Supreme Court of India, the present application is allowed and the proceedings of Case No. 90537/2022, arising out of Case Crime No. 921/2016, under Sections 452, 325, 504, 323 IPC, Police Station Madion (Mandiyao), District Lucknow, are quashed.

Detailed headnote1 paragraphs

Quashing on account of compromise - Application under Section 482 by the accused, Naumi Lal and another, seeking quashing of the entire criminal proceedings of Case No. 90537/2022 arising out of Case Crime No. 921/2016, under Sections 452, 325, 504, 323 IPC, Police Station Madion (Mandiyao), District Lucknow, the charge sheet dated 04.04.2017, and the cognizance and summoning order dated 23.09.2022 passed by Judicial Magistrate-III, Lucknow. Parties had settled their dispute amicably outside Court; the compromise dated 23/05/2025 (Annexure-5) was verified by Judicial Magistrate-III, Lucknow vide order dated 18.06.2025 in compliance of the order dated 05.06.2025 of a Co-ordinate Bench in Application u/s 482 No. 4807 of 2025; opposite party No. 2 raised no objection. As the dispute was personal in nature and 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, the criminal proceedings were quashed as their continuance would be an exercise in futility. Application allowed. Judge: Subhash Vidyarthi, J.; decision date: 16.7.2025; Court No. 15, High Court of Judicature at Allahabad, Lucknow Bench; Neutral Citation 2025:AHC-LKO:41432.

Neutral Citation No. - 2025:AHC-LKO:41432

Court No. - 15

Case :- APPLICATION U/S 482 No. - 5745 of 2025

Applicant :- Naumi Lal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arif Hussain Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi, J.

Heard Sri Arif Hussain, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Ashutosh, advocate, who has filed vakalatnama on behalf of the opposite party No. 2 and perused the record.

By means of the instant application, the applicants have sought quashing of the entire criminal proceedings of Case No. 90537/2022, arising out of Case Crime No. 921/2016, under Sections 452, 325, 504, 323 IPC, Police Station- Madion (Mandiyao), District- Lucknow; Charge sheet dated 04.04.2017; as well as the cognizance and summoning order dated 23.09.2022 passed by Judicial Magistrate-III, Lucknow, on the basis of compromise dated 23/05/2025 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-5 to the petition. The parties have confirmed the terms of the compromise. Compromise between the parties has been verified by Judicial Magistrate-III, Lucknow vide order dated 18.06.2025 in compliance of the order dated 05.06.2025 passed by a Co-ordinate Bench of this Court in Application u/s 482

No. 4807 of 2025.

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

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

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.

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 proceedings of Case No. 90537/2022, arising out of Case Crime No. 921/2016, under Sections 452, 325, 504, 323 IPC, Police Station- Madion (Mandiyao), District- Lucknow, are quashed .

Order Date :- 16.7.2025 (Manoj K.)

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