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2025 DAILYLAW 184028 (ALL)

CHANDRA BHAN SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9306/2025 · 2025-11-04

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9306 of 2025 Court No. - 29 HON'BLE TEJ PRATAP TIWARI, J. 1. Sri Manish Kumar Yadav, Advocate has filed his vakalatnama on behalf of the opposite party no. 2 which is taken on record. 2. Heard Sri Shivanshu Upadhyay, learned counsel for the applicants, Sri Manish Kumar Yadav, learned counsel for the opposite party no. 2, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned charge sheet No. 01 of 2023 dated 13.08.2024, under Sections 498-A, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Banthra, District Lucknow as well as entire proceedings Case No. 55733 of 2025 (State vs. Chandra Bhan Singh & others), arising out of Case Crime No. 0206 of 2023, under Sections 498-A, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Banthra, District Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow. 4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 06.08.2025 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 vide order dated 09.09.2025 verified the said compromise. Copy of the same 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 Versus Counsel for Applicant(s) : Shivanshu Upadhyay Counsel for Opposite Party(s) : G.A. Chandra Bhan Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 and charge sheet as prayed for by the applicants. 7. The present application is allowed. 8. The entire proceeding as well as charge sheet of the aforesaid case are hereby quashed. November 4, 2025 Manoj A482 No. 9306 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench