TAHIR @ MOHAMMAD TAHIR v. STATE OF U.P. THRU. SECY. HOME SECTT. LKO. AND ANOTHER
A482/9434/2025 · 2025-11-11
Tej Pratap Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178243 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178243 (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. - 9434 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J.
1. Vakalatnama filed today by Sri Dharmendra Kumar Gupta, learned counsel on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Narendra Gupta, learned counsel for the applicant, Sri Dharmendra Kumar Gupta, learned counsel for the opposite party no. 2, learned A.G.A for the State and perused the record. 3. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash/set aside the entire criminal proceedings of C.I.S No. 266 of 2020 (State Vs. Tahir), arising out of Case Crime No. 194 of 2018, under Sections 498A, 323, 504, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Sadarpur, District Sitapur, charge sheet no. 08 of 2019 dated 22.01.2019 submitted by the Investigating Officer of the aforesaid case crime number on the basis of compromise executed between the applicant and complainant on 04.09.2025, as well as summoning order dated 17.01.2020 passed by Civil Judge (S.D.)(F.T.C.)/Additional Chief Judicial Magistrate, Sitapur. 4. Learned counsel for the applicant states that an order was passed by a co-ordinate Bench of this Court on 15.09.2025 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned on 22.09.2025 verified the said compromise. Copy of the same Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A. Tahir @ Mohammad Tahir .....Applicant(s) State Of U.P. Thru. Secy. Home Sectt. Lko. And Another .....Opposite Party(s)
is on record. The same is not disputed by learned counsel for the opposite party no.2. 5. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs.
State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 6. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance order as prayed for by the applicant(s). 7. The present application is allowed. 8. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. November 11, 2025 P.S A482 No. 9434 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench