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2025 DAILYLAW 194281 (ALL)

AKASH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/38925/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38925 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Abhishek Gupta, learned counsel for the applicants, Sri Suresh Kumar Maurya, who has filed Vakalatnama on behalf of the opposite party no.2, today in Court, which is taken on record and Sri Akhilesh Kumar Srivastava learned A.G.A. for the State. 2. The instant application under Section 528 of BNSS has been filed seeking quashing of the entire proceeding of Criminal Case No. 179 of 2021 ( State Vs. Akash and others) under Sections 323, 504 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Hathras Junction, District Hathras arising out of Case Crime No. 200 of 2020 pending before the Court of learned Chief Judicial Magistrate, Hathras. 3. Learned counsel of the applicants submits that the marriage of the daughter of the Opposite Party No. 2 was proposed with the applicant no. 1. However, due to some dispute between the parties, marriage could not be solemnised and thus, the instant first information report was lodged by the son of the Opposite Party No. 2 against the applicants. After investigation of the matter, charge-sheet was filed against the applicants. Subsequent thereto, son of the Opposite Party No. 2, informant herein, had expired. Thereafter, father of the informant i.e. Opposite Party No. 2 herein had entered into a settlement with the applicants and a compromise dated 26.8.2020 was executed between the parties and on the basis of the said compromise, applicants had filed Criminal Misc. Application under Section 482 Cr.P.C. No. 43981 of 2024, which was disposed of vide order dated 30.4.2025 Versus Counsel for Applicant(s) : Abhishek Gupta Counsel for Opposite Party(s) : G.A. Akash And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) directing the parties to appear before the trial court for verification of the said compromise. 4. In terms of the said compromise, it is submitted by the learned counsel for the applicants that the parties appeared on 8.9.2025 before the trial court and a fresh compromise was filed before the trial court which has been duly verified by the trial court vide order dated 8.9.2025. 5. Learned counsel for opposite party no.2 admits the aforesaid facts regarding execution of compromise and its verification as well. He also supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties. 6. Sri Akhilesh Kumar Srivastava learned AGA, looking at the facts, circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein. 7. 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, it is apparent that the instant case relates to the pre marital dispute between the applicant no. 1 and the daughter of the Opposite Party No. 2. However, the marriage could not take place and hence, the dispute arose between the parties. Thus, subsequent thereto, the instant case was lodged which has been amicably settled and the Opposite Party No. 2 did not want to prosecute the instant case and a compromise to this effect has already been verified in terms of the order passed by this Court dated 30.4.2025. 8. 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; NA528 No. 38925 of 2025 2 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 Criminal Case No. 179 of 2021 ( State Vs. Akash and others) under Sections 323, 504 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Hathras Junction, District Hathras arising out of Case Crime No. 200 of 2020 pending before the Court of learned Chief Judicial Magistrate, Hathras are hereby quashed. October 14, 2025 n.u. NA528 No. 38925 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad