RAHUL @ BALRAM RAJAK AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/31206/2025 · 2025-10-08
Civil Appealbody2025
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[ 2025 DAILYLAW 194545 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194545 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31206 of 2025 Court No. - 79 (Sl.No.38) HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri S.P. Sharma, learned counsel for the applicants, Ms. Archana Maurya, learned counsel for opposite party no.2 and Sri Kamlesh Kumar Tripathi, learned AGA for the State. 2. The instant application has been filed seeking quashing of the charge sheet dated 23.12.2023 as well as cognizance/summoning order dated 10.05.2024 and the entire proceeding of Case No. 8164 of 2024 (State vs. Rahul @ Balram Rajak and others) arising out of Case Crime No. 51 of 2023, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana Nawabad, district Jhansi, pending in the court of Civil Judge (J.D.)/F.T.C. (C.A.W.), Jhansi. 3. Learned counsel for the applicants submits that the applicant no.1 is the husband of opposite party no.2. There was a matrimonial discord between the parties due to which the instant FIR has been lodged by the opposite party no.2 against the applicants. During pendency of the instant case before the trial court, the parties have settled their dispute amicably and a compromise dated 30.07.2025 was executed between the parties, copy of which has been placed on record as annexure-4 to the instant application. Vide order dated 23.08.2025, this Court had directed the parties to appear before the trial court concerned for verification of the compromise. In terms thereof, the parties had appeared before the trial court concerned 09.09.2025 and in presence of the parties, learned Chief Judicial Magistrate / F.T.C. (C.A.W.), Jhansi, has duly verified the compromise between the parties and a report in this regard has been sent on Versus Counsel for Applicant(s) : Akash Sharma, Pt. S.P. Sharma Counsel for Opposite Party(s) : Archana Maurya, Dheeraj Kumar Dubey, G.A. Rahul @ Balram Rajak And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
09.09.2025, which is received by this Court and the same is accordingly available on record along with the copy of the order dated 09.09.2025 and the certified copy of the compromise. In view of the aforesaid facts and circumstance, since it was a matrimonial dispute between the parties, learned counsel for the applicants seeks quashing of the entire proceeding in the instant case in terms of the aforesaid compromise. 4.
Per contra, learned counsel for the opposite party no.2 does not dispute the aforesaid facts and admits the factum of execution of compromise and its verification by the trial court. Learned counsel for the opposite party no.2 supports the prayer for quashing of the entire proceeding as prayed by the applicants. 5. Looking at the nature of dispute, learned AGA does not oppose the prayer for quashing of the entire proceeding of the instant case in view of the settlement arrived at between the parties. 6. Having heard the submissions 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 there was a matrimonial dispute between the applicant no.1 and the opposite party no.2 and have settled all their matrimonial disputes and the compromise dated 30.07.2025 was executed between the parties, which has been duly verified by the trial court concerned in presence of the parties on 09.09.2025 as per the directions issued by this Court. 7. Thus in the light of the aforesaid settlement / compromise, which is duly verified, no fruitful purpose would be served by keeping the criminal proceeding pending against the applicants and is remote and bleak chances of conviction of the applicants herein. With the aforesaid settlement, the peace will prevail not in the families of the parties but also in the society at large. 8. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed. 9.
In view thereof, the instant application is accordingly allowed and the NA528 No. 31206 of 2025 2
proceedings of Case No. 8164 of 2024 (State vs. Rahul @ Balram Rajak and others) arising out of Case Crime No. 51 of 2023, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana Nawabad, district Jhansi, are hereby quashed. October 9, 2025 Ashish Pd. NA528 No. 31206 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad