PREM PAL ALIAS PREM CHAND AND OTHERS v. STATE OF U.P. AND ANOTHER
A482/12363/2021 · 2025-05-04
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26752 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26752 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:71692 Court No. - 52 Case :- APPLICATION U/S 482 No. - 12363 of 2021 Applicant :- Prem Pal Alias Prem Chand And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Mani Shukla Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Santosh Mani Shukla, learned counsel for the applicants, Mr. Mayank Awasthi, learned counsel for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Criminal Case No.319 of 2019, arising out of Case Crime No.178 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Agra, pending before the court of Additional Civil Judge (J.D.) / F.T.C.-I, Agra. 3. Earlier on 11.12.2024, the following order was passed:-
"1. Heard learned counsel for the applicants, learned A.G.A. for the State respondent and perused the record on Board. None appears on behalf of opposite party No. 2. 2. It is submitted that the instant matter is arising out of matrimonial discord. This Court, vide order dated 20.07.2021, has dismissed the instant application on behalf of the applicant nos.1 and 2, and granted interim relief to the applicant nos.3 and 4. During pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and arrived at compromise. At present, both the parties have buried the hatchet and they have no grudge against each other. Therefore, instant application may be allowed and the criminal proceedings may be quashed on the basis of the compromise. 3. Learned AGA has no objection, in case, a direction is issued for verification of the compromise arrived at between the parties. 4. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 06/07.01.2025 to get their compromise verified. Learned court concerned, in turn, shall verify the same in the presence of both the parties after recording their statements and submit his verification report before this Court within a period of two month from the date of appearance of the parties. 5. List this matter on 12.3.2025 along with verification report submitted by the court concerned, if any. 6. It is further directed that on the next date fixed, opposite party No. 2 shall appear through counsel. 7.
Till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No. 319 of 2019, arising out of Case Crime No. 178 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Agra, pending in the court of Additional Civil Judge (Jr. Div.)/ F.T.C.-I, Agra."
4. In compliance of the aforesaid order, a report regarding verification of compromise deed has been placed on record as is evident from the office report dated 11.03.2025. A letter of the Civil Judge (J.D.) / F.T.C., Court No. 1, Agra dated 24.01.2025 has been placed alongwith certified copy of order dated 21.01.2025 vide which compromise has been verified in the presence of the parties alongwith their respective counsels. 5. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court. 6. Learned A.G.A. for the State does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants. 7. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and Another;
(2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
8.
In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278, in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 10. Accordingly, the entire proceedings of Criminal Case No. 319 of 2019, arising out of Case Crime No. 178 of 2018, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Agra, pending in the court of Additional Civil Judge (Jr. Div.)/ F.T.C.-I, Agra is hereby quashed. 11. The application is, accordingly, allowed. There shall be no
order as to costs.
12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.
13. A copy of this order be sent to the lower court forthwith.
Order Date :- 5.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad