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2025 DAILYLAW 181005 (ALL)

SACHIN BAJPAI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9077/2025 · 2025-10-30

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9077 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Sri Durgesh Kumar Singh, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State and Sri Durgesh Kumar Singh, learned counsel appearing for opposite party no. 2 as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Criminal Case No. 28965 of 2021; State Vs. Sachin Bajpai and others, in pursuance of chargesheet No. 579(01) of 2021, dated 31.07.2021, arising out of Case Crime No. 594 of 2021, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Barabanki and summoning order dated 13.10.2021 passed by learned CJM, court no. 18, Barabanki, on the basis of compromise dated 18.07.2025. Learned counsel for the applicants submits that dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicant and his family members and it is harassment of the family members including the husband. He added that later on, the parties sat together and Versus Counsel for Applicant(s) : Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Sachin Bajpai And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) have amicably settled their disputes, which has been reduced in writing. Thereafter, the applicants filed an Application U/s 482 No. 7257 of 2025, wherein this Court vide order dated 01.09.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 24.09.2025. 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 proceedings against the applicants may be quashed. Learned counsel appearing for 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 18.07.2025 and said compromise has been verified on 24.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite parties have entered into compromise on 18.07.2025 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 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. Resultantly, the proceedings of Criminal Case No. 28965 of 2021; State Vs. Sachin Bajpai and others, in pursuance of chargesheet No. A482 No. 9077 of 2025 2 579(01) of 2021, dated 31.07.2021, arising out of Case Crime No. 594 of 2021, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Barabanki, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. October 30, 2025 kkv/ A482 No. 9077 of 2025 3 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench