Ashu Sonker and 6 Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11694 of 2023 Applicant :- Ashu Sonker And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ajay Kumar,Jyoti Prasad,Parma Nand Mishra Counsel for Opposite Party :- G.A.,Atul Tiwari,Parma Nand Mishra Hon'ble Saurabh Lavania,J. Heard learned Counsel for the applicants and learned learned A.G.A. for the State and perused the record. The applicants in the present application under Section 482 Cr.P.C. are seeking quashing of summoning order dated 26.09.2019 as well as chargesheet and proceedings in pursuance to the charge sheet of the Case No.77302 of 2019, (State vs. Ashu Sonker and others), arising out of Case Crime No. 0048 of 2018, under Sections 498A, 504 and 506 IPC and 3/4 Dowry Prohibition Act, Police Station Qaiserbagh, District Lucknow pending before the court of A.C.J.M. I, Court No.25, District-Lucknow. On the basis of the submissions made by the learned counsel for the applicants, this Court vide order dated 04.12.2023 passed in Application U/S 482 No. 11694 of 2023, 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 04.12.2023, the Additional Chief Judicial Magistrate-I, Court No.9, District-Lucknow has verified the compromise on 15.12.2023, as appears from the Annexure No. A, 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 the Case No.77302 of 2019, (State vs. Ashu Sonker and others), arising out of Case Crime No. 0048 of 2018, under Sections 498A, 504 and 506 IPC and 3/4 Dowry Prohibition Act, Police Station Qaiserbagh, District Lucknow pending before the court of A.C.J.M. I, Court No.25, District-Lucknow. Considering the submissions advanced by learned counsel for the parties and perusing the report of trial Court dated 15.12.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above, 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 No.77302 of 2019, (State vs. Ashu Sonker and others), arising out of Case Crime No. 0048 of 2018, under Sections 498A, 504 and 506 IPC and 3/4 Dowry Prohibition Act, Police Station Qaiserbagh, District Lucknow pending before the court of A.C.J.M. I, Court No.25, District-Lucknow, including summoning order dated

26.09.2019 and the charge sheet dated 29.06.2018, are hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed. Office/Registry is directed to send the copy of this order to concerned court forthwith. Order Date :- 20.12.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench