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2025 DAILYLAW 89696 (ALL)

SUNIL KUMAR AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/28418/2024 · 2025-10-06

Vikram D Chauhan

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 28418 of 2024 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application has been filed for quashing the entire proceedings of Complaint Case No. 802 of 2008, under Sections 498A, 323, 504 & 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Bakewar, Distrit Fatehpur pending in the court of Civil Judge (Junior Division)/ F.T.C./ C.A.W,. Fatehpur in terms of compromise between the parties. 3. It is submitted by the learned counsel for the applicants that the present matter arises from matrimonial dispute. The applicants are the husband and the family members. The applicant is being proceeded under Sections 498A, 323, 504 & 506 IPC and Section 3/4 Dowry Prohibition Act. Learned counsel for the applicants submits that a joint compromise affidavit was filed by the applicant no.1 and opposite party no.2 in First Appeal No.929 of 2012 before this Court in respect of the compromise entered into, wherein the paragraph nos. 5 and 6 are quoted hereinbelow: "5-That in pursuance of the joint AFFIDAVIT the entere proceeding in the court A.J.M. court No-14 Fatehpur case Crime No.-802/08 Prema Devi Versus Suneel Kumar U/S -498A/323, 504, 506 IPC & 3/4 D.P. Act P.S. Bakewar District-Fatehpur which is pending before the learned A.J.M. court No.-14 Fatehpur, is liable to be quashed by this Hon'ble court. So Justice may be done. Versus Counsel for Applicant(s) : Aashish Kumar, Krishna Gopal, Manoj Kumar Verma Counsel for Opposite Party(s) : G.A. Sunil Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6-That this in future either party shall not institute any proceeding against other party for the same cause of action." 4. Learned counsel submits that aforesaid joint affidavit was accepted by this Court by order dated 15.04.2015 in First Appeal No.929 of 2012. Learned counsel for the applicants submits that in view of the compromise entered between the parties the present criminal proceedings are liable to be quashed. 5. Learned A.G.A. has no objection. 6. Having perusal of the order sheet notice were issued to opposite party no.2 on 15.01.2025 and as per office report dated 07.02.2025, notice has been served upon opposite party no.2. No one has appeared on behalf of the opposite party no.2 and in fact there is no challenge made by opposite party no.2 to the above mentioned compromise between the parties. 7. In view of the fact that parties have already settled the matter and the joint affidavit was filed in earlier proceedings, no useful purpose would be served in proceeding with the matter further. 8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 9. The present application is, accordingly, allowed. October 7, 2025 Anurag/- A482 No. 28418 of 2024 2 (Vikram D. Chauhan,J.) Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad