Sandeep Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12573 of 2023 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Ambrish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Kushendra Kumar Singh, Advocate, has filed his vakalatnama on behalf of opposite party No.2, which is taken on record. Heard learned Counsel for the applicants and learned learned A.G.A. for the State and perused the record. The present application has been filed with the following prayer:- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and setting aside the impugned Cognizance order dated 01-11-2019 passed by the Judicial Magistrate First Lucknow in Criminal Case No-82291 of 2019 in:re case crime no-125 of 2018 under section 498 А, 323,504, 506 IPC and 3, 4 D.P. Act Police Station -Para District-Lucknow and also set aside the Charge sheet bearing its No-01/2018 dated 22-12-2018 in:re case crime no-125 of 2018 under section 498 A, 323,504, 506 IPC and 3, 4 D.P. Act Police Station -Para District-Lucknow against applicant on the basis of the compromise as the applicant and the victim are married couple and no dispute remains between them to be decided by the Hon'ble Court, in the interest of justice." On the basis of the submissions made by the learned counsel for the applicants, this Court vide order dated 03.11.2023 passed in Application U/S 482 No. 10823 of 2023, 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 03.11.2023, the Additional Chief Judicial Magistrate-I, Court No.20, District-Lucknow has verified the compromise on 28.11.2023, as appears from the Annexure No. 7, 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 Criminal Case No-82291 of 2019 arising out of Case Crime No-125 of 2018 under Sections 498 А, 323,504, 506 IPC and 3/4 D.P. Act, Police Station -Para, District-Lucknow pending before the court of Judicial Magistrate First, District-Lucknow. Considering the submissions advanced by learned counsel for the parties and perusing the report of trial Court dated

28.11.2023 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 Criminal Case No-82291 of 2019 arising out of Case Crime No-125 of 2018 under Sections 498 А, 323,504, 506 IPC and 3/4 D.P. Act, Police Station -Para, District-Lucknow pending before the court of Judicial Magistrate First, District-Lucknow, including summoning order dated

01.11.2019 and the charge sheet No.01 of 2018 dated

22.12.2018, 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 :- 21.12.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench