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2025 DAILYLAW 156949 (ALL)

BABLU AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/6549/2025 · 2025-08-11

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46957 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6549 of 2025 Applicant :- Bablu And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Rajesh Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Sharad Kumar Rao, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite parties nos. 2 and 3, which is taken on record. Heard learned counsel for the applicants, Sri Sharad Kumar Rao, learned counsel appearing for opposite parties nos. 2 and 3 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the chargesheet No. 55 of 2016, dated 26.04.2016 in Case No. 49045 of 2016; State Vs. Bablu and Others, arising out of Case Crime No. 57 of 2016, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Krishna Nagar, District Lucknow, as well as entire proceedings, on the basis of compromise dated 18.07.2025. Learned counsel appearing for the applicants submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicants and his family members and it is harassment of the family members including the husband. 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. 5989 of 2025, wherein this Court vide order dated 24.07.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 30.07.2025. 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 parties nos. 2 and 3 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and opposite parties nos. 2 and 3 have 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 18.07.2025 and said compromise has been verified on 30.07.2025 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 18.07.2025 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 criminal proceedings of Case No. 49045 of 2016; State Vs. Bablu and Others, arising out of Case Crime No. 57 of 2016, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Krishna Nagar, District Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 11.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench