Allahabad High Court
Ashutosh Mishra vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 19 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:35202 Court No. - 28 Case :- APPLICATION U/S 482 No. - 4995 of 2023 Applicant :- Ashutosh Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anumesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Sri Ravendra Pratap Singh, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record.
Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State, Sri Ravendra Pratap Singh, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicant has prayed for quashing of the entire proceeding of Criminal Case No. 42940 of 2020 (State of U.P. versus Ashutosh Mishra) arising out of Crime No. 712 of 2016, under Sections 498-A,323,504,506 of IPC and Section 3/4 Dowry Prohibition Act, Police Station Madiyaon, District -Lucknow.
Learned counsel appearing for the applicant submits that the matter pertains to the 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 07.02.2023. 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 applicant would be a futile exercise and amount to harassment of the applicant.
Adding his arguments, he also submits that this Hon'ble Court vide order dated 16.02.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 1550 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 07.02.2023 has been verified in presence of all concerned parties and the order of verification was passed on 06.03.2023 by the learned Judicial Magistrate-III, Lucknow. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No. 42940 of 2020 (State of U.P. versus Ashutosh Mishra) arising out of Crime No. 712 of 2016, under Sections 498-A, 323,504 & 506 of IPC and Section 3/4 Dowry Prohibition Act, Police Station-Madiyaon, District -Lucknow, may be quashed.
On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped.
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 07.02.2023 and said compromise has been verified on 06.03.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Ashutosh Mishra, arising out of aforementioned Case Crime No.712 of 2017.
In view of the above, as the applicant and opposite parties have entered into compromise on 07.02.2023 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.
Accordingly, the proceedings of Criminal Case No. 42940 of 2020 (State of U.P. versus Ashutosh Mishra) arising out of Crime No. 712 of 2016, under Sections 498-A,323,504,506 of IPC and Section 3/4 Dowry Prohibition Act, Police Station Madiyaon, District -Lucknow, are hereby quashed.
The compromise deed shall be part of this order.
Consequences to be followed.
The application is allowed accordingly.
Order Date :- 19.5.2023 AKS