Allahabad High Court
Rahul Mishra And Others vs State Of U.P.Thru. Prin. Secy. ... on 3 March, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 2318 of 2023
Applicant :- Rahul Mishra And Others
Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Deptt. And Another
Counsel for Applicant :- Brijesh Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Vakalatnama on behalf of the opposite party no.2 has been filed by Sri Govind Prasad Tripathi, Advocate and the same is taken on record.
Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Govind Prasad Tripathi, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Criminal Case No.595 of 2022, State Vs. Rahul and others arising out of Case Crime No.13 of 2021 under Sections 498-A, 323, 376, 377, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act relating to Police Station Jagdishpur, District Amethi pending in the court of Chief Judicial Magistrate, Court No.16, Sultanpur as well as impugned charge sheet no.A-139 dated 26.5.2021 submitted by the Investigating Officer against the applicants no. 3 to 5 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, and impugned charge sheet no.A-139/A, dated 2.6.2021 submitted by the Investigation Officer against the applicant no.1 under Sections 498-A, 323, 504, 506, 377 I.P.C. and Sections 3/4 of Dowry Prohibition Act, and against the applicant no.2 under Sections 498-A, 323, 504, 506, 376 I.p.C. and Sections 3/4 of Dowry Prohibition Act, in aforesaid case crime number, and impugned summoning order dated 2.2.2022 passed by the Chief Judicial Magistrate, Court No.16, Sultanpur in the light of compromise taken place between the parties.
Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 7.3.2022. Thereafter, the applicants filed an Application U/S 482 No.3552 of 2022 wherein, vide order dated 7.6.2022, this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 24.2.2023. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings of the aforementioned case may be quashed.
Learned counsel for the opposite party no.2 and the learned counsel for the State have also supported the arguments made by the learned counsel for the applicants.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 7.3.2022 and said compromise has been verified on 24.2.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No. Case Crime No.13 of 2021.
In view of the above, as the applicants and opposite parties have entered into compromise on 7.3.2022 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466.
Accordingly, Criminal Case No.595 of 2022, State Vs. Rahul and others arising out of Case Crime No.13 of 2021 under Sections 498-A, 323, 376, 377, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act relating to Police Station Jagdishpur, District Amethi, are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 3.3.2023
Ram Murti
