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2025 DAILYLAW 162658 (ALL)

PRASOON GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/7611/2025 · 2025-09-10

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7611 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Shivansh Agrawal, learned counsel on behalf of opposite party no.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. By means of the instant application, the applicants have prayed for quashing of charge sheet bearing no.1/2019 dated 5.3.2021, summoning order dated 18.1.2022 and the entire proceedings of Criminal Case No.2731 of 2022 arising out of Crime No.276 of 2019 under Sections 498A, 323, 504, 377 I.P.C. 3/4 D.P. Act, P.S. Madiyaon, District Lucknow pending in the court of Judicial Magistrate 3rd, Lucknow. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. 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 on 14.2.2022. Thereafter, the applicants filed an Application U/S 482 No.7769 of 2024 wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 27.5.2025. 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 Versus Counsel for Applicant(s) : Devashish Bhatt Counsel for Opposite Party(s) : G.A. Prasoon Gupta And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) proceedings against the applicants may be quashed. Learned counsel for the 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 14.2.2022 and said compromise has been verified on 27.5.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.276 of 2019. In view of the above, as the applicants and opposite parties have entered into compromise on 14.2.2022 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 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. Accordingly, entire criminal proceedings against the applicants in Criminal Case No.2731 of 2022 arising out of Crime No.276 of 2019 under Sections 498A, 323, 504, 377 I.P.C. 3/4 D.P. Act, P.S. Madiyaon, District Lucknow are hereby quashed. The compromise shall be part of this order. The application is allowed accordingly. Consigned to records. September 10, 2025 Ram Murti A482 No. 7611 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- SHREE PRAKASH SINGH High Court of Judicature at Allahabad, Lucknow Bench