BIPIN KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS
CRLP/1636/2025 · 2025-08-21
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124992 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124992 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49431-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1636 of 2025 Petitioner :- Bipin Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Madhulika Yadav,Jyoti Gupta Counsel for Respondent :- G.A.,Ram Janak Yadav Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Ms. Madhulika Yadav, learned counsel for the petitioners, Sri Arun Kumar Verma, learned A.G.A. for the State-respondents and Sri Ram Janak Yadav, learned counsel for the respondent No. 4. 2. At the very outset, Sri Arun Kumar Verma, learned A.G.A. has informed that after completion of the investigation, final report has been filed. 3. This Court has passed the order dated 19.03.2025, which reads as under:-
"1. Heard learned counsel for the petitioners, learned AGA for State- opposite parties no.1 to 3 and Sri Ram Janak Yadav, learned counsel appearing for opposite party no.4 and perused the record. 2. Supplementary affidavit filed today is taken on record. 3. Submission of learned counsel for the petitioners is that parties have settled their dispute amicably outside the court and the same has been reducing in writing by way of compromise. The original compromise deed dated 19.03.2025 between the parties is annexed as Annexure No.SA-1 to the supplementary affidavit. He further submits that petitioner no.1 and opposite party no.4 are living together peacefully. 4. Learned counsel for opposite party no.4 did not dispute the submission of counsel for the petitioner, rather he supported the submission of the petitioners? counsel that dispute between the parties has been resolved by way of compromise on 19.03.2025. 5. Let petitioner no.1 and opposite party no.4 appear before the Senior Registrar of this Court on 24.03.2025 for verification of the compromise. 6. List this case on 28.03.2025. 7. Learned Senior Registrar to submit his report by the next date. 8. interim order granted earlier shall continue till the next date of listing. "
4. In compliance of the aforesaid order, parties appeared before the Senior Registrar of this Court on 24.03.2025 and the Senior Registrar submitted verification report dated 24.03.2025, which reads as under:-
"Vide Hon'ble Court's order dated 19-03-2025, petitioner No. 1 and opposite party No. 4 were directed to appear before the undersigned today for verification of compromise deed. The said compromise has been annexed as Annexure No. SA-1 to Supplementary Affidavit no.
nil dated 19-03-2025. Today, petitioner No. 1 Bipin Kumar S/o Kamlesh Kumar alongwith his
learned counsel Ms Madhulika Yadav, Advocate and opposite party No. 4 Namrata Devi Do Rajesh Kumar alongwith her learned counsel Sri Ram Janak Yadav, Advocate are present before me. Vakalatnama of counsels for both the parties is on record. The proof of identity i.e. Aadhar Card is produced by both the parties, at the time of verification. The contents of the said compromise deed have been read over and explained to both the parties to the compromise deed and they have stated that they have executed the same according to their free will and as a token there of they have affixed their photographs, put T.Is. and signatures, which are duly attested and verified by their respective counsels. In view of the said facts, the compromise between petitioner No. 1 Bipin Kumar S/o Kamlesh Kumar and opposite party No. 4 Namrata Devi D/o Rajesh Kumar is being verified by me today i.e. 24th day of March, 2025. The report is submitted before Hon'ble Court for orders."
5. Learned counsels for the parties have stated that they are not willing to contest the case pursuant to the impugned FIR No. 0519 of 2024, under Section 498-A, 323, 506 IPC & Section 3/4 of Dowry Prohibition Act, Police Station- Mallawan, District- Hardoi. 6. Learned counsel for the petitioners has stated that the impugned FIR may be set aside/quashed on the basis of compromise entered into between the parties. 7. Learned A.G.A. has not disputed the fact that the parties have entered into compromise and the compromise deed has been verified by the Senior Registrar of this Court, therefore, he has stated that any appropriate order, in the interest of justice, may be passed. 8. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala, reported in (2018) 15 Supreme Court Cases 343, has observed that even if the offence(s) in question is / are
not compoundable within the scope of Section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties. 9. Not only the above, considering the facts and circumstances of the issue in question and other dictums 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, the impugned First Information Report No. 0519 of 2024, under Section 498-A, 323, 506 IPC & Section 3/4 of Dowry Prohibition Act, Police Station- Mallawan, District- Hardoi, is hereby quashed in respect of the present petitioners on the basis of compromise entered into between the parties. 10. The petition is, therefore, allowed.
Order Date :- 21.8.2025 (Manoj K.) (Syed Qamar Hasan Rizvi, J.) (Rajesh Singh Chauhan, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench