Prashad Dixit and Another v. State of U.P. Thru. Its Addl. Chief Secy. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12457 of 2023 Applicant :- Prashad Dixit And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. And Another Counsel for Applicant :- Gupteshwar Prasad Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Sri Rakesh Kumar Agarwal, Advocate alongwith Sri Saksham Agarwal, Advocate on behalf of opposite party No.2 is taken on record. Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "For the facts, reasons and circumstances of the case, stated in an accompanying affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to set aside the entire criminal prosecution of Criminal Case No. 84751/ 2014 State versus Prashad Dixit and another arising out of case crime no. 181/ 2014 under section 498A/ 323/ 506 IPC and 3/ 4 Dowry Prohibition Act, Police Station Gazipur, district Lucknow pending in the court of Special Chief Judicial Magistrate (Customs), Lucknow on the basis of amicable compromise held amongst the Opposite Party No. 2 and the Petitioners dated 03.11.2023 and verified by the Special Chief Judicial Magistrate (Custom), Lucknow on

10.11.2022 in pursuance to the order of this Hon'ble Court dated

09.11.2023 passed in Application under Section 482 No. 11268 of 2023-Prasad Dixit and another versus State of UP and another. Hence, on the basis of compromise, the Hon'ble Court may kindly be pleased to set aside the entire criminal proceedings of the Criminal Case No. 84751/2014 State versus Prashad Dixit and another arising out of case crime no. 181/ 2014 under section 498A/ 323/ 506 IPC and 3/ 4 Dowry Prohibition Act, Police Station Gazipur, district Lucknow pending in the court of Special Chief Judicial Magistrate (custom) Lucknow vis-à-vis the charge sheet dated 24.06.2014 filed by the Investigating Officer." It is stated that this Court vide order dated 09.11.2023 passed in APPLICATION U/S 482 No. - 11268 of 2023 referred the matter to the trial court for the purposes of verification of the compromise entered into between the parties. It is further stated that in compliance of earlier order of this Court dated 09.11.2023, the order dated 10.11.2023 regarding verification of compromise has been passed by the Court of Special Chief Judicial Magistrate (Custom), Lucknow, mentioning therein 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 purposes of deciding the present application in the light of compromise, reliance has been placed on the judgments of the Apex Court passed in the case(s) 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. After considering the submissions advanced by learned counsel for the parties and perusing the terms of compromise duly verified by the trial Court vide order dated 09.11.2023 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, the same are hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed. Office is directed to send a copy of this order to the court concerned through email/fax immediately for necessary compliance. Order Date :- 20.12.2023/Vinay/- High Court of Judicature at Allahabad, Lucknow Bench