KHUSHIRAM AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 2 OTHERS
/2914/2025 · 2025-08-04
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132014 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132014 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45257 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2914 of 2025 Applicant :- Khushiram And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 2 Others Counsel for Applicant :- Mohan Lal Srivastava Counsel for Opposite Party :- G.A.,Durgadas Dubey Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Satish Chandra Verma, learned counsel holding brief of Shri Durgadas Dubey, learned counsel for the opposite party nos.2 and 3 and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"I. Quash every proceeding arising out from impugned summoning order dated 14.02.2022 in case Crime No. 0340 of 2019 under sections 498A, 323, 504, I. P. C. and section 3/4 of D. P. Act against the petitioners passed by learned APAR Civil Judge (J.D.) court No. 8 Sita Pur and impugned charge sheet dated 16.02.2020, in case Crime No. 340 of 2019 under sections 498A,323,504 І. Р. С. & Section 3/4 of D. P. Act Police station Sandana District contained in ANNEXURE NO. 1, & 2 respectively to this petition. II. Stay every proceeding arising out from impugned summoning order dated 14.02.2022 in case Crime No. 0340 of 2019 under sections 498A, 323, 504, I. P. C. and section 3/4 of D. P. Act against the petitioners passed by learned APAR Civil Judge (J.D.) court No. 8 Sita Pur, in the interest of justice."
3. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 11.02.2025. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 08.04.2025, the verification was done and report has been submitted to this Court vide order dated 22.04.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No. 340 of 2019 may be quashed. 4.
Learned counsel for the opposite party nos.2 and 3 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party nos. 2 and 3 has no grievance, hence, criminal proceedings against the applicants may be dropped. 5. Learned counsel for the State has no objection to the contention aforesaid. 6. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 11.02.2025 and said compromise has been verified on 22.04.2025 and, now, as per the statement of
learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No. 340 of 2019.
7. In view of the above, as the applicants and opposite parties have entered into compromise on 11.02.2025 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 Judgements 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.
8. Accordingly, impugned summoning order dated 14.02.2022 and impugned chargesheet dated 16.02.2020 in Case Crime No. 340 of 2019, under sections 498A, 323, 504 І.Р.С. & Section 3/4 of D.P. Act, Police Station Sandana, District Sitapur are hereby quashed.
9. The compromise shall be part of this order.
10. The application is allowed accordingly.
11. Consigned to record.
Order Date :- 4.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench