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2025 DAILYLAW 196577 (ALL)

DAOOD ALI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. (HOME)LKO. AND ANOTHER

A482/758/2025 · 2025-10-06

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 758 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the applicant, learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicant has prayed for quashing of the entire proceeding of Criminal Case No.10987 of 2021 (State Vs. Daood Ali and Others), arising out of Case Crime No.0052 of 2020, under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, 1961 and 3/4 of the Muslim Women (Protectiion of Rights on Marriage) Act, 2019, Police Station- Mahila Thana, District- Pratapgarh, pending before the Judicial Magistrate, Pratapgarh, on the basis of compromise dated 14.08.2025. Learned counsel for the applicant submits that the instant F.I.R. was lodged against the applicants due to certain misunderstanding, following which the parties subsequently initiated a settlement process and filed this petition under Section 482 Cr.P.C.; he states that in compliance with the Court's previous orders dated 01.05.2025 and 28.01.2025, the parties appeared before the Mediation Centre and successfully settled all their disputes, filing the resulting Settlement Agreement, by which they have mutually agreed to quash the present F.I.R. as well as other connected cases detailed in paragraph 'G' of the Agreement; the counsel further submits that all necessary compliances required under Clause 'D' of the settlement have already been made before the court concerned, and therefore, any further continuation of criminal proceedings in the instant matter would amount to harassment and a sheer abuse of the process of law, and thus, the instant criminal proceedings against the applicants may be quashed. Learned counsel appearing for opposite party no.2 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no. 2 has no grievance for quashing the impugned criminal proceeding against the applicants, hence, criminal proceedings against the Versus Counsel for Applicant(s) : Sharad Nandan Ojha, Akhand Pratap Singh Counsel for Opposite Party(s) : G.A., Avinash Pandey, Praveen Shukla Daood Ali And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home)Lko. And Another .....Opposite Party(s) applicant may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. On perusal of the material available on record, it is noted that the parties were directed to appear before the Mediation Centre on 01.05.2025 and 28.01.2025 to settle their dispute, and in compliance with those orders, the parties appeared, arrived at an amicable settlement, and procured a Settlement Agreement dated 14.08.2025, it is further noted that the parties appeared before the Court today, and the learned counsel, alongside the parties appearing in person, submitted that the terms of the agreement have been fully complied with, and therefore, they do not want to press the aforesaid criminal proceedings against the applicant any further. In view of the above, as the applicant and opposite party no. 2 have entered into compromise on 14.08.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. Resultantly, the proceeding of Criminal Case No.10987 of 2021 (State Vs. Daood Ali and Others), arising out of Case Crime No.0052 of 2020, under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, 1961 and 3/4 of the Muslim Women (Protectiion of Rights on Marriage) Act, 2019, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. October 6, 2025 Haseen U. A482 No. 758 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench