PRASHANTER DHAMA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/39624/2023 · 2026-03-17
Prashant Bilgaiyan Registrar J Criminal
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2956 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2956 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 39624 of 2023 Court No. - 77 HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Sri Deepak Rana, learned counsel for the applicants and Sri Maan Singh, learned counsel holding brief of Sri Ashish Kumar Singh, learned counsel for O.P. No.2. 2. Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application. 3. The relief which has been mentioned in the application is delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the entire proceedings of Criminal Case as well as summoning order dated 27.06.2023 including charge sheet dated 20.10.2022 in Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others) arising out of Case Crime no.244 of 2022, under section 498-A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act, Police Station Mahua Kheda, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others) arising out of Case Crime no.244 of 2022, under section 498-A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act, Police Station Mahua Kheda, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh and/or pass such other and Versus Counsel for Applicant(s) : Deepak Rana Counsel for Opposite Party(s) : Ashish Kumar Singh, G.A. Prashanter Dhama And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise application dated 28.05.2025 before the concerned trial court. Thereafter, this Court, vide order 12.02.2026, has directed the parties to appear before the concerned trial court for verification of the compromise application with a direction to the trial court to verify the compromise application in presence of both the parties and submit a report to this Court. 5.
Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise application before the trial court, which has been verified by the trial Court, vide order dated 18.02.2026 and its report has also been sent to this court, which is kept on record. 6. In the present case, the sections involved are Section 498-A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act. 7. Learned counsel for the opposite party no.2 has submitted that the O.P. No.2 does not want to proceed with the impugned criminal proceedings. 8. Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, entire proceedings of Criminal Case as well as summoning order dated 27.06.2023 including charge sheet dated 20.10.2022 in Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others) arising out of Case Crime no.244 of 2022, under section 498- A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act, Police Station Mahua Kheda, District Aligarh, pending in the Court of Chief A482 No. 39624 of 2023 2
Judicial Magistrate, Aligarh, are hereby quashed. 9. Accordingly, the instant application is allowed. March 18, 2026 SFH A482 No. 39624 of 2023 3 (Praveen Kumar Giri,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad