MR. DIVAKAR SHUKLA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/4567/2025 · 2025-09-15
Rajesh Singh Chauhan, S Q H Rizvi
body2025
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[ 2025 DAILYLAW 141964 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141964 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4567 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Ms. Rama Singh holding brief of Ms. Maria Fatima, learned counsel for the petitioners, Sri Abhinit Jaiswal, learned counsel for the opposite party no. 4 and learned AGA for the State. 2. This Court vide order dated 27.5.2025 directed the parties to file compromise deed before the Senior Registrar of this Court and the Senior Registrar was directed to verify the contents and parties of the compromise deed. 3. In the present case, the sections involved are 498A, 323, 354 IPC and section 3 and 4 of D.P. Act, 1961. 4. In compliance of the aforesaid order, compromise deed was filed before the Senior Registrar vide report dated 6.6.2025 has verified the contents and parties of the compromise deed and submitted his report to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will. 5. Learned counsel for the opposite party no. 4 has submitted that the parties in dispute are not interested to pursue the criminal case. 6. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala reported in (2018) 15 Supreme Court Cases 343 has observed that even if the offence (s) in question is / are not compoundable within the scope Versus Counsel for Petitioner(s) : Maria Fatima Counsel for Respondent(s) : G.A., Abhineet Jaiswal Mr. Divakar Shukla And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s)
of section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties. 7. Not only the above considering the facts and circumstances of the issue in question and other dictums of Hon'ble Apex Court in re: B.S. Joshi and others Vs.
State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641 the entire proceedings of Case Crime No. 0016 of 2024 dated 8.4.2024 u/s 498A, 323 and 354 IPC and section 3/4 D.P. Act, 1961, P.s. Mahila Thana, District Unnao are hereby quashed. 8. The petition is allowed. September 15, 2025 Om CRLP No. 4567 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench