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2025 DAILYLAW 140069 (ALL)

PANKAJ PAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4061/2025 · 2025-05-15

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28786 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4061 of 2025 Applicant :- Pankaj Pal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Tarun Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Ravi Kant Shukla, Advocate has put in appearance and filed Vakalatnama on behalf of opposite party no. 2 which is taken on record. Heard learned counsel for the applicants, learned AGA for the State and Sri Ravi Kant Shukla, learned counsel appearing for opposite party no. 2 as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Case Crime No. 43 of 2023, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of D.P. Act, Police Station Alambagh, District Lucknow, pending before the learned Judicial Magistrate-III, Lucknow as well as summoning order dated 08.08.2023, on the basis of compromise dated 28.08.2024. Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR 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. Thereafter, the applicants filed an Application U/s 482 No.8620 of 2024, wherein this Court vide order dated 24.09.2024 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 27.11.2024. 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 opposite party no. 2 has 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 28.08.2024 and said compromise has been verified on 27.11.2024 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 party have entered into compromise on 28.08.2024 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 Case Crime No. 43 of 2023, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of D.P. Act, Police Station Alambagh, District Lucknow, pending before the learned Judicial Magistrate- III, Lucknow as well as summoning order dated 08.08.2023, are hereby quashed. The compromise deed shall be the part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 15.5.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench