[Cites 9, Cited by 0]
Allahabad High Court
Rikkhi Ram And Another vs State Of U.P. Thru. Prin. Secy. U.P. Lko. ... on 2 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:23280
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 1454 of 2026
Rikkhi Ram And Another
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Gyanendra Pathak
Counsel for Opposite Party(s)
:
G.A., Suneel Kumar Mishra
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J.
Heard learned counsel for the parties and perused the record.
By means of the instant application, the applicants have prayed for quashing of the summoning order dated 12.07.2016 passed by learned Civil Judge (Senior Division)/Judicial Magistrate/ FTC Shrawasti, in Case No. 2727/2016, Case Crime No 931/2015, U/S 498A, 323 and 504 IPC and section 3/4 DP Act, PS Malhipur. Shrawasti (State V/S Rikhi Ram and others) on the basis of compromise.
Learned counsel appearing for the applicants submits that the matter is arising out of a matrimonial dispute and due to some misunderstanding the instant FIR was lodged and thereafter, the parties sat together and they have settled their dispute and that too, has been reduced in writing as a compromise deed dated 09.02.2026. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants.
Adding his arguments, he also submits that this Hon'ble Court vide order dated 18.02.2026 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 1454 of 2026 and in compliance of the aforesaid order, both the parties have appeared before the trial court and the compromise deed dated 09.02.2026 has been verified in presence of all concerned parties and the order of verification was passed on 09.03.2026 by the learned learned trial court. He next added that now the matter has been compromised in between the parties, and as such the criminal proceedings against the applicants may be quashed.
On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 09.02.2026 and said compromise has been verified on 09.03.2026 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants.
In view of the above, as the applicants and opposite parties have entered into compromise on 09.02.2026 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 Judgements 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.
Resultantly, the entire criminal proceedings against the applicants in Case No. 2727/2016, Case Crime No 931/2015, U/S 498A, 323 and 504 IPC and section 3/4 DP Act, PS Malhipur. Shrawasti (State V/S Rikhi Ram and others), are hereby quashed.
The compromise deed shall be part of this order.
The application is allowed accordingly.
Consequences to follow.
(Shree Prakash Singh,J.)
April 2, 2026
AKS
