Arbaz and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Arbaz and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; entire proceedings arising out of Case Crime No.0178 of 2024 (Sections 308, 323, 504, 506 IPC, P.S. Bangarmau, District Unnao), including charge sheet no. 215 of 2024 dated 10.08.2024 and the summoning order dated 19.11.2024, quashed on the strength of the verified compromise between the parties.

Issue for consideration

Whether, in view of the amicable settlement (compromise dated 28.04.2025, verified 31.05.2025) between the applicants and opposite party no.2, the charge sheet, summoning order and further criminal proceedings arising out of Case Crime No.0178 of 2024 are liable to be quashed.

Court's answer

The Court found that a compromise had been entered into between the parties on 28.04.2025 and the same was verified on 31.05.2025, and that as per the statements of counsel the parties did not wish to press the criminal proceedings relating to Case Crime No.0178 of 2024.

Ratio / Principle

Since the applicants and opposite parties had compromised on 28.04.2025 and no grievance remained to be agitated, further criminal proceedings in the case were held liable to be set aside in view of the cited judgments of the Apex Court.

Key takeaways

The entire proceedings arising out of Case Crime No.0178 of 2024 under Sections 308, 323, 504, 506 IPC, police station Bangarmau, District Unnao (including charge sheet no. 215 of 2024 dated 10.08.2024 and the summoning order dated 19.11.2024) were quashed.ratio¶7

Detailed headnote1 paragraphs

Criminal proceedings quashed on compromise (S. 482 CrPC application allowed). Entire proceedings arising out of Case Crime No.0178 of 2024 under Sections 308, 323, 504, 506 IPC, police station Bangarmau, District Unnao — including charge sheet no. 215 of 2024 dated 10.08.2024 and the summoning order dated 19.11.2024 — were quashed where the dispute, rooted in a matrimonial conflict, was amicably settled by a written compromise dated 28.04.2025, verified before the Court below on 31.05.2025 in compliance of this Court's order dated 21.05.2025, with opposite party no.2 supporting the settlement and the State raising no objection. Reliance placed on B.S. Joshi (2003) 4 SCC 675; Nikhil Merchant (2008) 9 SCC 677; Manoj Sharma (2008) 16 SCC 1; Gian Singh (2012) 10 SCC 303; Narindra Singh (2014) 6 SCC 466. (Om Prakash Shukla, J.; decided 3.7.2025)

Neutral Citation No. - 2025:AHC-LKO:37640

Court No. - 30

Case :- APPLICATION U/S 482 No. - 4271 of 2025

Applicant :- Arbaz And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A.,Anil Kumar Sharma

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Anil Kumar Sharma, learned counsel for the opposite party no.2 and perused the record.

2. By means of the instant application, the applicants have prayed for quashing of charge sheet no. 215 of 2024 dated 10.08.2024 filed in Case Crime No.0178 of 2024 under Sections 308, 323, 504, 506 IPC police station Bangarmau, District Unnao as well as summoning order dated 19.11.2024.

3. Learned counsel for the applicants submits that due to some matrimonial dispute 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 28.04.2025 which is annexed as Annexure No.6 to the application. Thereafter, in compliance of order dated 21.05.2025, passed by this Court, the parties have appeared before Court below on 31.05.2025 on which date the compromise deed was verified, copy of verification order is annexed as SA-2 to the supplementary affidavit filed today which is taken on record. 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 arising out of Case Crime No.0178 of 2024 may be quashed.

4. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid.

5 . Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 28.04.2025 and said compromise has been verified on 31.05.2025 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.0178 of 2024.

6. In view of the above, as the applicants and opposite parties have entered into compromise on 28.04.2025 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 .

7. Accordingly, entire proceeding arising out of arising out of Case Crime No.0178 of 2024 under Sections 308, 323, 504, 506 IPC police station Bangarmau, District Unnao are hereby quashed.

8. The application is allowed accordingly.

(Om Prakash Shukla, J.)

Order Date :- 3.7.2025 Arnima

Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench