Alok Ranjan and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11624 of 2024 Applicant :- Alok Ranjan And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Surendra Kumar Tripathi,Nishant Singh,Sweta Swarankar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet dated

01.05.2018 and 15.10.2018 filed in Criminal Case No.17878 of 2019 (State Vs. Alok Ranjan and others) in Case Crime No.202/2016, under Sections 498-A/323/504/506/316/377 I.P.C. and Section 3/4 Dowry Prohibition Act relating to Police Station -Hazratganj, District-Lucknow, pending in the Court of Civil Judge (Junior Division), F.T.C. Court No.50, Lucknow including quash the entire proceedings initiated in pursuance thereof, on the ground that the parties have already settled their dispute by the way of compromise as per verification order dated 03.12.2024, passed by the court of I.C. Civil Judge (J.D.) F.T.C.(Crime Against Women), Lucknow, contained as Annexure No.5 to the petition." Learned Counsel for the applicants submitted that the opposite party No.2 on account of matrimonial dispute/discord lodged the F.I.R. making allegations therein to attract the Sections 498-A/323/504/506/316/377 I.P.C. and Section 3/4 Dowry Prohibition Act and subsequently with the help of respectable members of the society including the family members the said dispute was settled and, therefore, the parties including husband (applicant No.1) and wife (O.P. No.2), settled their dispute amicably and entered into the compromise and based upon the same, earlier the applicants approached this Court by filing application under Section 482 Cr.P.C. No.10030 of 2023 and the same was disposed of vide order dated 13.11.2024 with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notice to all the signatories to the compromise and thereafter proceed to verify the compromise. Now the compromise deed has been verified vide order dated 03.12.2024. It is further submitted that the copy of the order passed on the said date regarding verification of compromise is already on record as Annexure No.5 to the application. Further submission is to the effect that keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by 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, and the nature of dispute, i.e.matrimonial dispute, the present application U/S 482 Cr.P.C. is allowed and the entire proceedings of Criminal Case No.17878 of 2019 (State Vs. Alok Ranjan and others), indicated in the prayer, quoted above, are hereby quashed. Office is directed to send a copy of this order to the court concerned through email/fax immediately for necessary compliance. Order Date :- 18.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench