Rajat Kumar Agrawal and Ors v. State of U.P. Thru Prin.Secy. Home Lko and Anr

Court No. - 11 Case :- APPLICATION U/S 482 No. - 9318 of 2023 Applicant :- Rajat Kumar Agrawal And Ors. Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko And Anr. Counsel for Applicant :- Ambica Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicant and learned AGA for the State as well as perused the record. The present petition has been filed for the following main relief:- "Wherefore, it is most respectfully prayed, that this Hon'ble Court may pleased to allow the petition in term of the compromise filed by the parties before the learned Chief Judicial Magistrate and same has been verified by the Court of the C.J.M., Hardoi vide order dated 03.06.2023 and this Hon'ble Court may be pleased to quash the impugned Charge sheet as well as whole proceedings of Case Crime No. 526/2016 under Section 498A/323/504/506 IPC and 3/4 D.P. Act, P.S. Kotwali City District Hardoi, pending in the Chief Judicial Magistrate, Hardoi." On the basis of the submissions made by the learned counsel for the applicant, this Court vide order dated 11.04.2023 passed in Application U/S 482 No. 2895 of 2021, has referred the matter to the court below for the purpose of verification of the compromise entered into between the parties. In compliance of earlier order of this Court dated 11.04.2023, the Chief Judicial Magistrate, Hardoi, has verified the compromise on 03.06.2023, as appears from the Annexure No. 5, wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court. With regard to the prayer sought including quashing of criminal proceedings on the basis of compromise, the learned counsel for the applicants has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409. Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite parties do not want to proceed with Case Crime No. 526/2016 under Section 498A/323/504/506 IPC and 3/4 D.P. Act, P.S. Kotwali City District Hardoi, pending in the Chief Judicial Magistrate, Hardoi. Considering the submissions advanced by learned counsel for the parties and perusing the report dated 03.06.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above and the nature of dispute/crime, which is essentially a matrimonial dispute, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, entire proceedings of Case Crime No. 526/2016 under Section 498A/323/504/506 IPC and 3/4 D.P. Act, P.S. Kotwali City District Hardoi, pending in the Chief Judicial Magistrate, Hardoi, are hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed. Order Date :- 21.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench