Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 157483 (ALL)

VISHNU PRAJAPATI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6573/2025 · 2025-08-14

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:47668 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6573 of 2025 Applicant :- Vishnu Prajapati Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sachin Gupta,Prashant Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. By means of the instant application, the applicant has prayed to quash prosecution of the applicant pursuant to chargesheet filed in case no. 131316 of 2020 in Case Crime No. 98 of 2019 under sections- 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S. Mahila Thana District- Lucknow as well as the cognizance taken thereon by the said Ld. court in view of the compromise arrived between Ms Ekta Prajapati, Informant/victim and Vishnu Prajapati. 3. 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 have amicably settled their dispute which has been reduced in writing on 30.04.2022. 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 12.04.2023, the verification was done and report has been submitted to this Court vide order dated 21.04.2023. 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. 98 of 2019 may be quashed. 4. Learned counsel for the State has opposed the contentions aforesaid, but he could not dispute the fact that parties have amicable settled their dispute and the opposite party no. 2 has no grievance. 5. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 30.04.2022 and said compromise has been verified on 21.04.2023 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. 98 of 2019. 6. In view of the above, as the applicants and opposite parties have entered into compromise on 30.04.2022 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. 7. Accordingly, the entire criminal proceedings with regard to Criminal Case No. 131316 of 2020 arising out of Case Crime No. 98 of 2019 under sections- 498A, 323, 504, 506 IPC and 3/4 D.P. Act P.S. Mahila Thana District- Lucknow are hereby quashed. 8. The compromise deed shall be part of this order. 9. The application is allowed accordingly. 10. Consigned to record. Order Date :- 14.8.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench