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2025 DAILYLAW 130025 (ALL)

MOBIN ALI AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL LKO. AND ANOTHER

A482/2581/2025 · 2025-03-25

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17059 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2581 of 2025 Applicant :- Mobin Ali And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Lko. And Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Dinesh Kumar, learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. Sri Neeraj Pal, Advocate has filed vakalatnama on behalf of opposite party no. 2, same is taken on record. 2. By means of present application u/s 482 Cr.P.C., the applicants have prayed for quashing the entire proceedings of Complaint Case No. 1297 of 2024 - Saiyada Khatoon Vs. Mobin Ali and Others, pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Ambedkar Nagar, under Sections 498A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Alaapur, District - Ambedkar Nagar as well as summoning order dated 30.01.2024, passed in the aforesaid case, in the light of compromise dated 18.12.2024 (Annexure - 3 to the affidavit filed in support of application). 3. It has been contended by learned counsel for the applicants that this Court by means of order dated 14.11.2024, directed the parties to appear before Court concerned for verification of the compromise dated 18.12.2024. In compliance of aforesaid order, the parties appeared before the Court concerned on the date fixed and the Court concerned has verified the compromise and a report dated 18.02.2025 to this effect has been submitted for perusal of this Court. Therefore, the proceedings of aforesaid complaint case may be quashed in view of the compromise dated 18.12.2024. 4. Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand, (2014) 9 SCC 653 and has submitted that the applicants as well as opposite party no. 2 have compromised the dispute and as such opposite party no. 2 does not want to press the present case against the applicants. 5. Learned counsel appearing for opposite party no. 2 and learned Additional Government Advocate have stated that they have no objection in case the proceedings of the aforesaid case are quashed in the light of the compromise. 6. Heard learned counsel for the parties and perused the record. 7. From the perusal of the record it is apparent that the parties have entered into compromise and have settled their dispute amicably. 8. In this regard, the view taken by the Apex Court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the applicants finds force that this Court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceedings as the dispute has been amicably settled between the parties. 9. In the light of the fact that the settlement has arrived at between the applicants and the private respondent and does not effect the public at large, and would only amount to private dispute between the parties, no useful purpose will be served by allowing the applicants to be prosecuted in the said trial, therefore the proceedings of Complaint Case No. 1297 of 2024 - Saiyada Khatoon Vs. Mobin Ali and Others, pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Ambedkar Nagar, under Sections 498A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station - Alaapur, District - Ambedkar Nagar are hereby quashed, the summoning order dated 30.01.2024, passed in the aforesaid case case is set aside. 10. Accordingly this application under Section 482 Cr.P.C. is allowed. Order Date :- 25.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench