Ajay Pratap Ajay Kumar in Fir and Ors v. State of U.P. Thru. Prin. Secy. Home and Anr

Court No. - 11 Case :- APPLICATION U/S 482 No. - 4887 of 2021 Applicant :- Ajay Pratap Ajay Kumar In Fir And Ors. Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Anr. Counsel for Applicant :- Arvind Pratap Singh,Dushyant Singh Counsel for Opposite Party :- G.A.,Manoj Kumar Yadav Hon'ble Saurabh Lavania,J. Heard learned Counsel for the applicants, learned counsel for opposite party no. 2 and learned learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 1684 of 2019 (State Vs. Ajay Kumar and others), arising out of Case Crime No. 06 of 2019, under Sections 498A, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Ambedkar Nagar pending before the court of Civil Judge (Junior Division) Fast Track First/Judicial Magistrate, Ambedkar Nagar including the charge sheet dated

21.06.2019, arising out of Case Crime No. 06 of 2019. It appears that after considering the averments made in this Application U/S 482 and the documents in support thereof as also the submissions made by the learned counsel for the applicants, this Court vide order dated 24.05.2023 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. It appears from the report of Mediation Centre of this Court (Annexure No. E) 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. For the relief(s) sought, on the basis of settlement/compromise, the learned counsel for the applicant 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 party no. 2 does not want to proceed with the proceedings in issue. Considering the submissions advanced by learned counsel for the parties and perusing the settlement agreement dated

20.09.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments, referred above, and the nature of dispute/crime, 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 Criminal Case No. 1684 of 2019 (State Vs. Ajay Kumar and others), arising out of Case Crime No. 06 of 2019, under Sections 498A, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Ambedkar Nagar pending before the court of Civil Judge (Junior Division) Fast Track First/Judicial Magistrate, Ambedkar Nagar including the charge sheet dated

21.06.2019, arising out of Case Crime No. 06 of 2019 is hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed in above terms. Office/Registry is directed to send the copy of this order to concerned Court forthwith. Order Date :- 24.11.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench