Prashant Upadhyay and Others v. State of U.P. Thru. Prin. Secret. Home and Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 4947 of 2022 Applicant :- Prashant Upadhyay And Others Opposite Party :- State Of U.P. Thru. Prin. Secret. Home And Others Counsel for Applicant :- Saurabh Kumar Shukla,Prem Prakash Pandey Counsel for Opposite Party :- G.A.,Ravindra Nath Tiwari Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Ravindra Nath Tiwari, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed to quash the summoning order dated 21.07.2022 passed by Additional Chief Judicial Magistrate-V, Lucknow in Crl. Case No. 81932 of 2022 in Case Crime No. 0578 of 2020, under Sections 498-A, 323, 506, 354 of IPC and 3/4 of the D.P. Act, P.S. Ashiyana District Lucknow. Further prayer is made to quash the impugned charge-sheet in the aforesaid case. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 25.07.2022. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 28.07.2022, the verification was done and report has been submitted to this Court vide order dated 05.08.2022. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.375 of 2019 may be quashed. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that the parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 25.07.2022 and said compromise has been verified on 05.08.2022 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 0578 of 2020. In view of the above, as the applicants and opposite parties have entered into compromise on 25.07.2022 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. Accordingly, criminal proceedings with regard to Crl. Case No. 81932 of 2022 in Case Crime No. 0578 of 2020, under Sections 498-A, 323, 506, 354 of IPC and 3/4 of the D.P. Act, P.S. Ashiyana, District Lucknow are hereby quashed. The compromise shall be the part of this order. The application is allowed accordingly. Consigned to record. Order Date :- 9.11.2023 Anurag High Court of Judicature at Allahabad, Lucknow Bench