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2025 DAILYLAW 145904 (ALL)

RAHMAN @ BADKAU and OTHERS v. STATE OF U.P. and ANOTHER

A482/507/2021 · 2025-09-08

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 507 of 2021 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary Affidavit filed today on behalf of the applicants is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no. 2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the Charge-sheet No. 142/2020, dated 05.12.202 filed in Case Crime No. 129/2020, Under Section-498-A,323,506 of I.P.C. and Section-3/4 of D.P. Act, 1961, Police Station-Mahila Thana, District-Bahraich (Annexure No. 1)and cognizance and summoning order dated 02-01-2021 (Annexure No. 2), passed by the court of learned Civil Judge (Junior Division)/FTC (Women Harassment), Bahraich in Case No. 9/2021 (State Versus Rahman @ Badkau and Others). Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter, the parties sat together and they have settled their dispute and that too, has been reduced in writing as a compromise deed dated 22.04.2025. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Versus Counsel for Applicant(s) : Anjani Nath Khare, Shiv Pal Singh Counsel for Opposite Party(s) : G.A., Ambrish Kumar, Dinesh Chandra Tewari Rahman @ Badkau And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Adding his arguments, he also submits that this Hon'ble Court vide order dated 09.05.2025 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 507 of 2021 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 03.07.2023 has been verified in presence of all concerned parties and the order of verification was passed on 19.05.2025 by the learned Court of Offences Against the Women(F.T.C.), Bahraich. He next added that now the matter has been compromised in between the parties, and as such the proceedings of Case No. 09 of 2021, arising out of Case Crime No. 129 of 2020, under Sections 498-A,323,506 of IPC and section 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana, District - Bahraich, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 22.04.2025 and said compromise has been verified on 19.05.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned case, arising out of aforementioned Case Crime No. 129 of 2020. In view of the above, as the applicants and opposite parties have entered into compromise on 22.04.2025 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 Judgements 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 No. 09 of 2021, arising out of Case Crime No. 129 of 2020, under Sections 498-A,323,506 of A482 No. 507 of 2021 2 IPC and section 3/4 of the Dowry Prohibition Act, Police Station- Mahila Thana, District - Bahraich,are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 8, 2025 AKS A482 No. 507 of 2021 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench