ARUN KASHYAP AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5966/2025 · 2025-07-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153226 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153226 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42749 Court No. - 29 Case :- APPLICATION U/S 482 No. - 5966 of 2025 Applicant :- Arun Kashyap And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Virendra Kumar Tripathi,Devendra Kumar,Jai Prakash Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Prabhat Kumar Srivastava, Advocate has filed today counter affidavit alongwith Vakalatnama on behalf of opposite party no. 2 which is taken on record. Heard learned counsel for the applicants, learned AGA for the State and Sri Prabhat Kumar Srivastava, learned counsel appearing for opposite party no. 2 as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the chargeshgeet dated 20.12.2020 filed in Criminal Case No. 6616 of 2021, 'State of U.P. Vs. Arun Kashyap and others', arising out of FIR/Case Crime No. 047 of 2020, under Sections 323, 498-A of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Hasanganj, District Lucknow and summoning order dated 11.02.2021 passed by learned Judicial Magistrate-II, Lucknow as well as entire entire proceedings in pursuance thereof, on the basis of compromise deed dated 17.01.2025.
Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR 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. Thereafter, the applicants filed an Application U/s 482 No.769 of 2025 wherein this Court vide order dated 28.01.2025 had
directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 13.02.2025. 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.
Learned counsel appearing for 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.
Learned counsel for the State has no objection to the
submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 17.01.2025 and said compromise has been verified on 13.02.2025 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. In view of the above, as the applicants and opposite parties have entered into compromise on 17.01.2025 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. Resultantly, the proceedings of Criminal Case No. 6616 of 2021, 'State of U.P. Vs. Arun Kashyap and others', arising out of FIR/Case Crime No. 047 of 2020, under Sections 323, 498-A of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Hasanganj, District Lucknow, are hereby quashed. The compromise shall be part of this order. Consequences to be followed. The application is allowed accordingly.
Order Date :- 24.7.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench