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2025 DAILYLAW 141162 (ALL)

SANTOSH YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. MINI. OF HOME LKO AND 2 OTHERS

A482/4351/2025 · 2025-09-10

Shree Prakash Singh

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4351 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Affidavit filed today by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State learned counsel for the opposite party nos. 2 and 3 and perused the material placed on record. 3. By means of the instant application, the applicants have prayed to quash the proceedings of criminal case no. 22613 of 2016 under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 of the D.P. Act, police station Gudamba, district Lucknow pending in the court of learned Additional Chief Judicial Magistrate, room no. 28, Lucknow as well as the charge-sheet no. 44 of 2015 dated 24.4.2016 submitted in the aforesaid case. 4. 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 3.1.2025 and 9.5.2025. Thereafter, the applicants filed an Applications U/S 482 No. 861 of 2025 Versus Counsel for Applicant(s) : Prabh Jot Kaur Counsel for Opposite Party(s) : G.A., Kapil Kumar Yadav Santosh Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Mini. Of Home Lko And 2 Others .....Opposite Party(s) and 4351 of 2025 wherein this Court vide order dated 30.1.2025 and 27.5.2025 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 3..6.2025. 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. 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, I find that compromise has been entered into between the parties on 3.1.2025 and 9.5.2025 and said compromise has been verified on 3.6.2025 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. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 3.1.2025 and 9.5.2025 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 A482 No. 4351 of 2025 2 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 against the applicants in criminal case no. 22613 of 2016 under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 of the D.P. Act, police station Gudamba, district Lucknow pending in the court of learned Additional Chief Judicial Magistrate, room no. 28, Lucknow as well as the charge-sheet no. 44 of 2015 dated 24.4.2016 are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to the records. September 10, 2025 kanhaiya A482 No. 4351 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench