RAKESH SINGH ALIAS RAKESH JANGBAHADUR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7529/2025 · 2025-09-09
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162280 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162280 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7529 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Pradeep Kumar Yadav, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the opposite party no.2 and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"a. Quash the charge sheet dated 26.12.2018 bearing charge sheet No. 01/2018 arising out of Case Crime No. 1006 of 2017, in Case State of U.P. Versus Rakesh Singh and Others, under section 498-A and 504 of Indian Penal Code read with 3/4 of Dowry Prohibition Act, Police Station-Gazipur, District- Lucknow and also quash the Summoning/Cognizance order dated 13.12.2019 passed by Learned Court of Special Chief Judicial Magistrate, Custom, Lucknow in Case Crime No. 1006 of 2017, under section 498-A and 504 of Indian Penal Code read with 3/4 of Dowry Prohibition Act, Police Station-Gazipur, District- Lucknow pending before the Learned Court of Special Chief Judicial Magistrate, Custom, Lucknow in compliance of order dated 19.08.2025 passed this Hon'ble Court in Criminal Misc. Case No. 6664 of 2025 u/s 528 of Bhartiya Nagrik Suraksha Sanhita 2023/482 of Criminal Versus Counsel for Applicant(s) : Chandra Shekhar Singh Yadav Counsel for Opposite Party(s) : G.A. Rakesh Singh Alias Rakesh Jangbahadur Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Procedure Code. b. It is further prayed that this Hon'ble Court may kindly be quash the entire proceeding of Case Crime No. 1006 of 2017, in Case State of U.P. Versus Rakesh Singh and Others, under section 498-A and 504 of Indian Penal Code read with 3/4 of Dowry Prohibition Act, Police Station- Gazipur, District- Lucknow pending before the Learned Court of Special Chief Judicial Magistrate, Custom, Lucknow in the interest of justice"
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 31.07.2025.
He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 19.08.2025, the verification was done and report has been submitted to this Court vide order dated 21.08.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No.1006 of 2017 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 31.07.2025 and said compromise has been verified on 21.08.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No.1006 of 2017. 8. In view of the above, as the applicants and opposite parties have A482 No. 7529 of 2025 2
entered into compromise on 31.07.2025 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 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 criminal proceeding of Case Crime No. 1006 of 2017
"State of U.P. Versus Rakesh Singh and Others", under section 498-A and 504 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Gazipur, District Lucknow, is hereby quashed. 10.
The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to record. September 9, 2025 Mohd. Sharif A482 No. 7529 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench