RAJ KUMAR and OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME. LKO and ANOTHER
A482/3967/2019 · 2025-08-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117567 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47189 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3967 of 2019 Applicant :- Raj Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Parijat Mishra Belavra,K.L. Diwedi Counsel for Opposite Party :- Govt. Advocate,Aman Kumar Dhanuk,Amrit Preet Singh,Ashutosh Dhar Dubey,Prabh Jot Kaur Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Ashutosh Dhar Dubey, learned counsel for opposite party no. 2 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the summoning order dated 20.04.2017 in Criminal Case No.13728 of 2017; State of U.P. Vs. Raj Kumar and others, arising out of Case Crime No. 0043 of 2016, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Ghazipur, District Lucknow as well as entire proceedings in pursuance thereof, on the basis of compromise dated 27.12.2024.
Learned counsel appearing for the applicants submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicants. He next added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 27.12.2024. Thereafter, this Court vide order dated 10.04.2025, directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on
25.04.2025. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicants may be quashed.
Learned counsel appearing for opposite party no. 2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled
their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped.
Learned counsel for the State has no objection to the
submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 27.12.2024 and said compromise has been verified on 25.04.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite parties have entered into compromise on 27.12.2024 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. Resultantly, the proceedings of Criminal Case No.13728 of 2017; State of U.P. Vs. Raj Kumar and others, arising out of Case Crime No. 0043 of 2016, under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Ghazipur, District Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly.
Order Date :- 12.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench