BALBEER SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/385/2025 · 2025-09-01
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137741 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137741 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 385 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Ram Singh, Advocate, holding brief of Sri Som Nath Pandey, learned counsel for the opposite party no.2 and perused the material placed on record. 2. By means of the instant application, the applicants have prayed to set- aside/quash the entire criminal proceedings arising out of the summon order dated 10.02.2025 and Chargesheet no. 01/2023 Dated 27.08.2024 U/Ss- 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act. arising out of Case Crime No. 0306/2024 P.S. Gudamba District- Lucknow. 3. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 28.04.2025. Thereafter, the applicants filed an Application U/S 482 No.385 of 2025 wherein this Court vide order dated 01.05.2025 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 14.07.2025. 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. 4. 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 Versus Counsel for Applicant(s) : Ravindra Nath Pandey Counsel for Opposite Party(s) : G.A., Som Nath Pandey Balbeer Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 5. Learned counsel for the State has no objection to the submissions 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 28.04.2025 and said compromise has been verified on 14.07.2025 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. 7.
In view of the above, as the applicants and opposite parties have entered into compromise on 28.04.2025 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. 8. Accordingly, entire criminal proceedings against the applicants in Crl. Case No. 15836 of 2025 arising out of Case Crime No. 0306/2024 under sections-498A, 323, 504, 506 IPC and Section 3/4 D.P. Act. P.S. Gudamba District- Lucknow, summon order dated 10.02.2025 and Chargesheet no. 01/2023 Dated 27.08.2024, are hereby quashed. 9. The compromise shall be part of this order. 10. The application is allowed accordingly. 11. Consigned to the records. September 1, 2025 Mayank NA528 No. 385 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench