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2025 DAILYLAW 135891 (ALL)

SHARIK @ BACHCHE @ MOHD. SHARIQ AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3523/2025 · 2025-08-12

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47272 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3523 of 2025 Applicant :- Sharik @ Bachche @ Mohd. Shariq And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Syed Nayab Raza Counsel for Opposite Party :- G.A.,Dheeraj Kumar Srivastava Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Deeraj Kumar Srivastava, learned counsel for the 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 under Section 482 Cr.P.C., the applicants have prayed for quashing of the entire proceedings of Sessions Case No. 2747 of 2023, arising out of Case Crime No. 119 of 2020, under Sections 376/323/504/506, 494/406/452 IPC and Section 3/4 of Muslim Women (Protection of Rights of Marriage Act, 2019), Police Station Saadatganj, District Lucknow and summoning order dated 04.08.2020 as well as chargesheet dated 24.06.2020, on the basis of compromise dated 11.04.2025. It is argued by learned counsel for the applicants that the First Information Report was lodged in the year, 2019, under Sections 376/323/504/506, 494/406/452 IPC and Section 3/4 of Muslim Women (Protection of Rights of Marriage Act, 2019), Police Station Saadatganj, District Lucknow and subsequently, the parties sat together and have amicably settled their disputes and the alleged prosecutrix performed the marriage with applicant no. 1- Sharik in the year, 2020 and they are living as husband and wife. The compromise has been reduced in writing on 11.04.2025. He further submits that vide order of this Court dated 29.04.2025, the court below was directed to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 07.05.2025. 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 parties have 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 11.04.2025 and said compromise has been verified on 07.05.2025 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 11.04.2025 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. Resultantly, the proceedings of Sessions Case No. 2747 of 2023, arising out of Case Crime No. 119 of 2020, under Sections 376/323/504/506, 494/406/452 IPC and Section 3/4 of Muslim Women (Protection of Rights of Marriage Act, 2019), Police Station Saadatganj, 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