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2025 DAILYLAW 142555 (ALL)

ROCKY HANDA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

A482/4742/2025 · 2025-06-03

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34334 Court No. - 5 Case :- APPLICATION U/S 482 No. - 4742 of 2025 Applicant :- Rocky Handa Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Applicant :- Vaibhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard learned counsel appearing for the applicant and learned Additional Government Advocate appearing for the State. 2. The instant application under Section 528 of the B.N.S.S., 2023/482 Cr.P.C. has been filed challenging therein, the Charge-sheet dated 07.10.2023, summoning order dated 08.05.2024 as well as entire proceedings of the Case No. 44588 of 2024 (State of Uttar Pradesh Vs. Rocky Handa), in connection to Case Crime No. 0213 of 2023 registered under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 of the Dowry Prohibition Act in Police Station Alambagh, District Lucknow, pending in the Court of the learned Judicial Magistrate-IIIrd, Lucknow. 3. It has been contended on behalf of the applicant that he and Opposite Party no. 3 have amicably settled their dispute out of the Court. The applicant approached this Court by filing an application under Section 482 Cr.P.C. with prayer to quash the proceedings in terms of the compromise entered between the parties. The learned trial court vide order dated 27.02.2025 had verified the compromise. It has further been contended that applicant and Opposite Party No. 3 have compromised the matter and opposite party No. 3 does not want to proceed the matter against the applicant. The Opposite Party No. 3 is ready to withdraw the criminal prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned Additional Government Advocate submits that both the parties have settled their dispute out of the court, hence, there is no reason to proceed further. 5. The Hon'ble Apex Court in the cases of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688 had categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 6. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the learned counsels for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 7. Accordingly, the impugned Charge-sheet dated 07.10.2023, summoning order dated 08.05.2024 as well as entire proceedings of the Case No. 44588 of 2024 (State of Uttar Pradesh Vs. Rocky Handa) in connection to Case Crime No. 0213 of 2023, pending in the court of the learned Judicial Magistrate-IIIrd, Lucknow are hereby quashed. 8. This application under Section 482 Cr.P.C./Section 528 of the B.N.S.S., 2023 is accordingly allowed. Order Date :- 3.6.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench