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2025 DAILYLAW 157452 (ALL)

SURENDRA KUMAR YADAV AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/6609/2025 · 2025-08-18

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48208 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6609 of 2025 Applicant :- Surendra Kumar Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Amit Kumar Gaur Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Sri Rahul Yadav, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Sri Rahul Yadav, learned counsel for the opposite party no.2 and perused the record. 3. By means of the instant application, the applicants have prayed to quash the entire proceeding of FIR/Case No- 28008/2024 Crime No-180/2022 under section -498-A, 323, 504, 506, IPC and 3/4 The Dowry Prohibition Act, 1961 Police Station Itaunja, Lucknow as well as impugned Charge Sheet No.01/2022 dated 13/07/2022. 4. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 16.06.2025. He added that thereafter the applicants filed an application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 19.06.2025, the verification was done and report has been submitted to this Court vide order dated 09.07.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No. 180 of 2022 may be quashed. 5. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 6. Learned counsel for the State has no objection to the contention 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 16.06.2025 and said compromise has been verified on 09.07.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 375 of 2019. 8. In view of the above, as the applicants and opposite parties have entered into compromise on 16.06.2025 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. 9. Accordingly, the entire criminal proceedings with regard to FIR/Case No-28008/2024 Crime No-180/2022 under section -498-A, 323, 504, 506, IPC and 3/4 The Dowry Prohibition Act, 1961 Police Station Itaunja, Lucknow as well as impugned Charge Sheet No.01/2022 dated 13/07/2022 are hereby quashed. 10. The compromise deed shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. Order Date :- 18.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench