RACHIT MATHUR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3554/2025 · 2025-05-08
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134278 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134278 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26954 Court No. - 30 Case :- APPLICATION U/S 482 No. - 3554 of 2025 Applicant :- Rachit Mathur And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jagjeet Singh,Devendra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Vakalatnama filed today by Ms.Anju Srivastava, Advocate on behalf of opposite party No.2 is taken on record.
2. Heard Shri Jagjeet Singh, learned Counsel for the applicants, Ms. Anju Srivastava, learned Counsel for the opposite party No.2, learned A.G.A. for the State and perused the material placed on record.
3. The present application under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) has been filed on behalf of the applicants seeking quashing of the impugned charge-sheet dated 05.05.2018 as well as entire proceeding of Case No.39496/2018 (Case Crime No.1005 of 2017), under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Gazipur, District-Lucknow pending in the Court of learned Special C.J.M. (Custom), District-Lucknow on the basis of compromise and amicable settlement of the dispute between the parties.
4. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He further submits that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 17.02.2025. Thereafter, the applicants filed an Application U/S 482 No.1804 of 2025 wherein this Court has directed the trial court to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 28.03.2025. He further submits that now there is no dispute between the parties and they have settled their dispute. He further submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime Crime No.1005 of 2017 may be quashed.
5. Learned counsel for the 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.
6. Learned counsel for the State has no objection to the
submissions aforesaid.
7. Considering the aforesaid submissions of the learned counsel for the parties, this Court finds that compromise has been entered into between the parties on 17.02.2025 and said compromise has been verified on 28.03.2025 by the trial court and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.1005 of 2017.
8. In view of the above, as the applicants and opposite party No.2 have entered into compromise on 17.02.2025 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 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.
9. Accordingly, entire criminal proceedings of Case No.39496/2018 (Case Crime No.1005 of 2017), under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Gazipur, District-Lucknow are hereby quashed.
10. The application is allowed, accordingly. (Om Prakash Shukla, J.)
Order Date :- 8.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench