Anurag Dwivedi and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11182 of 2023 Applicant :- Anurag Dwivedi And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anil Kumar,Avinash Kumar Gupta Counsel for Opposite Party :- G.A.,Ram Prakash Pandey Hon'ble Shree Prakash Singh,J. Sri Ram 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 Avinash Kumar Gupta,learned counsel for the applicants, Sri B.N.Nishad, learned A.G.A. for the State, Sri Ram 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 Criminal Case No. 80683 of 2023, State Vs. Anurag Dwivedi and Others, as well as the chargesheet dated 25-04-2023 and summoning order dated 03-06-2023 arising out of Case Crime No. 15 of 2022, U/s 498-A,323,504,506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Naka Hindola, District-Lucknow. Learned counsel appearing for the applicants 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

04.08.2023. 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 applicants 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 18.08.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 8111 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 04.08.2023 has been verified in presence of all concerned parties and the order of verification was passed on 05.10.2023 by the learned Special Additional Chief Judicial Magistrate.C.B.I.(A.P.),Lucknow. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No.80683 of 2023 (State of U.P. versus Anurag Dwivedi and others) arising out of Case Crime No. 15 of 2022, under Sections 498-A,,323,504,506 IPC and 3/4 Dowry Prohibition Act, Police Station-Naka Hindola, District - Lucknow, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants 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 04.08.2023 and said compromise has been verified on 05.10.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Anurag Dwivedi and others, arising out of aforementioned Case Crime No. 15 of 2022. In view of the above, as the applicants and opposite parties have entered into compromise on

04.08.2023 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 Criminal Case No.80683 of 2023 (State of U.P. versus Anurag Dwivedi and others) arising out of Case Crime No. 15 of 2022, under Sections 498-A,,323,504,506 IPC and 3/4 Dowry Prohibition Act, Police Station-Naka Hindola, 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 :- 9.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench