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2025 DAILYLAW 195608 (ALL)

ANKIT SHUKLA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (HOME) GOVT. OF U.P. LOK BHAWAN LKO. U.P. AND OTHERS

CRLP/4564/2025 · 2025-10-06

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4564 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Shri Devendra Tripathi, learned counsel for the petitioner, Shri P.K. Trivedhi, learned A.G.A. for the State, as well as Shri Mohd. Shine, Advocate, holding brief of Shri Mokul Kumar Sharma, learned counsel for opposite party no. 3. 2. On 27.05.2025, this Court had passed the following order: "1. Heard learned counsel for petitioners, learned A.G.A. for the State and Sri Mukul Sharma and Sri Mohita Sharma Advocate, who has filed his Power today on behalf of respondent no-3, which is taken on record. 2. This petition seeks issuance of a writ for quashing the F.I.R. bearing Case Crime No.226 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station -Krishna Nagar, District -Lucknow. 3. Learned counsel for the petitioners has drawn the attention of this Court towards Annexure-2, which is an original compromise deed entered into between the petitioners and opposite party no.3. 4. Learned counsel for both the parties state that parties have entered into a compromise and they are not willing to contest the case against each other. 5. So as to verify the contents and parties of the compromise deed, let the original deed of compromise be sent to the Senior Registrar of this Court. As the parties shall appear before the Family Court on 11.8.2025, therefore,on 11.08.2025 parties shall appear before the Senior Registrar for the purpose Versus Counsel for Petitioner(s) : Devendra, Anju Srivastava, Ashish Kumar Tiwari Counsel for Respondent(s) : G.A., Mohit Sharma, Mukul Kumar Sharma Ankit Shukla And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. (Home) Govt. Of U.P. Lok Bhawan Lko. U.P. And Others .....Respondent(s) of verification of compromise deed as well as parties. 6. The Senior Registrar of this Court after due verification shall submit his report before this Court. 7. List this case on 25.8.2025 along with the report of the Senior Registrar. 8. Till the next date of listing, the petitioners shall not be arrested in the aforesaid FIR/Case Crime number. 9. When the case is next listed, the name of Sri Mukul Sharma and Sri Mohita Sharma Advocate, shall be shown in the cause list as appearing for opposite party no. 3." 3. Learned counsel for petitioners has submitted that the parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed dated 07.04.2025. Thereafter this Court vide order dated 27.05.2025 sent the said compromise deed to the Senior Registrar of this Court with a direction to get the same verified and submit a report and the parties were also directed to appear before the Senior Registrar of this Court for verification of the said compromise. 4. In compliance of the aforesaid order, the parties appeared before the Senior Registrar of this Court on 11.08.2025. According to the terms of the compromise, the parties have settled their dispute. 5. Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise and the same has been verified by the Senior Registrar of this Court on 11.08.2025. 6. The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala, reported in (2018) 15 Supreme Court Cases 343, has observed that even if the offence(s) in question is / are not compoundable within the scope of Section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties. 7. Considering the aforesaid facts and circumstances of the issue in question, particularly, the fact that the present petitioner and the private opposite party have settled the dispute through mediation and the report to this effect has been made part of the record, therefore, compelling the prosecution to prosecute the present petitioner would be a futile exercise and in view of the dictum of the Hon'ble Supreme Court rendered in re: B.S. Joshi and others CRLP No. 4564 of 2025 2 Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the proceedings of F.I.R./Case Crime No.226 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station -Krishna Nagar, District -Lucknow are hereby quashed. 8. The report of the Senior Registrar dated 11.08.2025 would be the part of this order. 9. Liberty is given to the concerned parties to file appropriate application before the competent court of law, if the terms and conditions of aforesaid compromise deed are flouted. 10. The petition is, therefore, allowed in terms of compromise entered into between the parties. . Octobe r 6, 2025 MVS/- CRLP No. 4564 of 2025 3 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench