ROHAN ALIAS PRINCE DIXIT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/39827/2024 · 2025-02-18
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107909 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107909 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:24950 Court No. - 52 Case :- APPLICATION U/S 482 No. - 39827 of 2024 Applicant :- Rohan Alias Prince Dixit And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamalesh Kumar Nishad,Ravindra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Kamlesh Kumar Nishad, learned counsel for the applicants and Mr. Rizwan Ahmad, learned A.G.A. for the State. 2. This application u/s 482 has been filed by the applicant with the prayer to quash the entire proceeding of Case No. 2669 of 2021, arising out of Case Crime No. 68 of 2019, under sections 498a, 323, 504, 506, 406 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District-Ghaziabad, pending in the court of Civil Judge (J.D.) / F.T.C-I, Ghaziabad, on the basis of compromise. 3. The submission of applicants' counsel is that through good offices of certain well-meaning persons the parties have amicably settled the dispute among themselves and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them. 4. As per compromise deed both the parties have decided to live separately from each other and entire Stridhan has been returned by the applicants to opposite party no. 2 and Rs. 10 lacs for alimony in two installment. The first installment of Rs. 5 lacs has been give to opposite party no. 2 as per compromise deed, copy of which has been filed as Annexure-4 to the application. 5. Learned counsel for the respondent no. 3 states that the matter has been compromised and the opposite party no. 3 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case be finally decided. 6. In view of the fact that the petitioners and respondent no. 3 do
not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
8. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with compromise verification, they have no objection, if the proceedings in the aforesaid case are quashed. 9. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another;
(2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation;
(2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
10. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 11. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 12.
Accordingly, the proceedings of Case No. 2669 of 2021, arising out of Case Crime No. 68 of 2019, under sections 498a, 323, 504, 506, 406 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District-Ghaziabad, pending in the court of Civil Judge (J.D.) / F.T.C-I, Ghaziabad, on the basis of compromise, are hereby quashed. 13. The application is, accordingly, allowed. There shall be no
order as to costs.
Order Date :- 19.2.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad