ASHISH SONI AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/5403/2025 · 2025-07-03
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149034 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149034 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37442 Court No. - 30 Case :- APPLICATION U/S 482 No. - 5403 of 2025 Applicant :- Ashish Soni And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Vakalatnama filed today by Shri Ravi Shankar Mishra, Advocate on behalf of opposite party No.2 is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Ravi Shankar Mishra, learned counsel for the opposite party no.2 and perused the record.
3. By means of the instant application, the applicants have prayed for quashing of the entire criminal proceedings of Criminal Case No.1944/2022; State vs. Ashish Soni and Others arising out of Case Crime No.0312/2021 under Sections 498A, 323, 324 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Lalganj, District-Raebareli which is pending before Additional Chief Judicial Magistrate-IV, Raebareli.
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 16.02.2025. Thereafter, the applicants filed an Application U/S 482 No. 1848 of 2025 wherein this Court has
directed the trial court to verify the said compromise deed and in compliance thereof, the compromise deed was verified on
24.03.2025. 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 arising out of Case Crime No. 0312/2021 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 have no grievance, hence, criminal proceedings against the applicants may be dropped.
6. Learned A.G.A. 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 16.02.2025 and said compromise has been verified on 24.03.2025 and, now, as per the statement of
learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.0312/2021.
8. In view of the above, as the applicants and opposite parties have entered into compromise on 16.02.2025 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 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 of Criminal Case No.1944/2022; State vs. Ashish Soni and Others arising out of Case Crime No.0312/2021 under Sections 498A, 323, 324 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Lalganj, District-Raebareli which is pending before Additional Chief Judicial Magistrate-IV, Raebareli.
10. The application is allowed, accordingly. (Om Prakash Shukla, J.)
Order Date :- 3.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench