Uday Pratap Singh v. State of U.P. Thru. Secy. Home, Civil Sectt. Govt. of U.P. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10183 of 2023 Applicant :- Uday Pratap Singh Opposite Party :- State Of U.P. Thru. Secy. Home, Civil Sectt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Vijay Prakash Pandey, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard Sri Rajkumar Mishra, learned counsel for the applicant, Sri Girijesh Kumar Dviwedi, learned A.G.A. for the State, Sri Vijay Prakash Pandey, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the entire proceeding arising out of Charge Sheet No.01 of 2022, dated 03/03/2022 in FIR/ Case Crime No.0023/2021, U/S 498-A, 323, 504, 506, and 336 of I.P.C. and Section 3/4 Dowry Prohibition Act-1961 Police Station-Krishana Nagar (Commissionerate Lucknow) District-Lucknow, on the basis of compromise dated:09/12/2022 Learned counsel appearing for the applicant submits that the matter pertains to the matrimonial dispute and due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated

09.12.2022. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicant would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 20.12.2022 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No.9471 of 2022 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 09.12.2022 has been verified in presence of all concerned parties and the order of verification was passed on 20.04.2023 by the Special Chief Judicial Magistrate, Custom, Lucknow. He next added that now the matter has been compromised between the parties, and as such the proceedings of Charge Sheet No.01 of 2022, dated 03/03/2022 in FIR/ Case Crime No.0023/2021 ,may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicant and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 09.12.2022 and said compromise has been verified on 20.04.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned case. In view of the above, as the applicant and opposite parties have entered into compromise on

09.12.2022 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 Judgements 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 proceedings of Charge Sheet No.01 of 2022, dated 03/03/2022 in FIR/ Case Crime No.0023/2021, U/S 498-A, 323, 504, 506, and 336 of I.P.C. and Section 3/4 Dowry Prohibition Act-1961 Police Station-Krishana Nagar (Commissionerate Lucknow) District-Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 17.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench