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2025 DAILYLAW 189117 (ALL)

AKSHAY PRATAP SINGH @ AKSH PRATAP SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/33022/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33022 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Shesh Nath Singh Yadav, learned counsel for the applicants, Sri Utkarsha Shukla, learned counsel for the opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the he entire proceeding of Case No.2523 of 2023 (State Vs. Akshay Pratap Singh and others), under Sections 498-A, 504, 506 IPC and Section 3/4 Dowry Prohibition Act arising out of Case Crime No.765 of 2022, P.S. Izat Nagar, District Bareilly, pending in the Court of learned Chief Judicial Magistrate, District - Bareilly in light of the compromise dated 15.9.2025. 3. Learned counsel for the applicants submits that the applicant no. 1 is the husband of the Opposite Party No. 2 and there was a matrimonial dispute between them due to which the instant case has been filed by the Opposite Party No.2 against the applicants. However, during the pendency of the aforesaid case before the trial court, parties have settled their dispute amicably. A compromise deed dated 10.7.2025 was executed between the parties which has been placed on record before the trial court , certified copy whereof has been annexed as Annexure-6 to the instant application. 4. Learned counsel for the applicants submits that the parties have settled their dispute amicably before the court below vide settlement agreement dated 10.7.2025. In terms of the settlement, parties have decided to quash the entire proceedings. They have also filed application under Section 13-B of the Hindu Marriage Act and they also decide not to prosecute the aforesaid against the applicants. 5. Vide order dated 2.9.2025, Coordinate Bench of this court has directed the parties to appear before the trial court for verification of the compromise and accordingly parties had appeared on 15.9.2025 before the trial court and in presence of the parties, trial court duly verified the compromise. On the basis of the aforesaid verified compromise, learned counsel for the applicants seeks quashing of the entire criminal Versus Counsel for Applicant(s) : Utkarsha Shukla Counsel for Opposite Party(s) : Amit Mishra, G.A. Akshay Pratap Singh @ Aksh Pratap Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proceedings pending against the applicants. Parties have already agreed to withdraw the aforesaid case filed against each other. 6. Accordingly, the instant application has been filed seeking quashing of the entire proceedings of the instant case. Learned counsel for the Opposite Party No. 2 admits the aforesaid facts, execution of the compromise and its verification by the trial court vide order dated 10.7.2025. Pursuant to the directions issued by this Court on 2.9.2025, applicants and Opposite Party No. 2 were directed to appear before the court concerned on 10.7.2025 and shall submit the compromise which shall be verified by the court concerned. Learned counsel for the Opposite Party No. 2 supports the prayer to quash the entire proceedings of the aforesaid case. 7. Learned counsel for the applicant as well as learned counsel for the Opposite Party No. 2 jointly pray for quashing of the entire proceedings of the instant case in terms of the settlement arrived at between the parties. 8. Having regards to the facts and circumstances of the case, learned A.G.A. has not opposed the prayer of the applicants for quashing the entire proceedings of the instant case. 9. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the applicant is the husband of the Opposite Party No.2. There was a matrimonial dispute between them due to which the instant application has been filed and subsequent thereto the parties have settled their disputes amicably in terms of the compromise dated 15.9.2025. 10. Since it was a matrimonial dispute between the parties, which has been amicably settled and the compromise executed has been verified by the trial court, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceeding of Case No.2523 of 2023 (State Vs. Akshay Pratap Singh and others), under Sections 498-A, 504, 506 IPC and Section 3/4 Dowry Prohibition Act arising out of Case Crime No.765 of 2022, P.S. Izat Nagar, District Bareilly, pending in the Court of learned Chief Judicial Magistrate, District - Bareilly of are hereby quashed. October 15, 2025 n.u. NA528 No. 33022 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad