Deepak Rajpoot Alias Deepak Verma and 2 Others vs State of U.P. and Another

Heard Shiv Bahadur Yadav, learned counsel for the applicants, Sri Satish Chandra Yadav, on behalf of learned counsel for the opposite party no.2 and Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State.

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The instant application under Section 528 BNSS has been filed seeking quashing of the Case No. 3320 of 2021 (State vs. Deepak Rajpoot and Ors.) arising out of Case Crime No. 278 of 2019 under Sections 498-A, 323, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police Station- Babina, District- Jhansi, pending in the court of learned Additional Chief Judicial Magistrate, Jhansi.

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Learned counsel of the applicants submits that the opposite party no.2 is the wife of applicant no.1 herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. However, during the pendency of the said case, the parties have settled their disputes amicably and a compromise dated 29.03.2025 has been executed between the parties, which has been annexed an Annexure '4' to the instant application.

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Vide order dated 10.09.2025, a Coordinate Bench of this Court has directed the parties to appear before the trial court concerned for verification of compromise executed between them. In terms of the aforesaid order, the parties had appeared before the trial court on 26.09.2025 when the trial court has verified the compromise in presence of the parties and report dated 17.10.2025 in this regard has been sent by Additional Civil Judge (Sr. Div.)/ACJM, Court No.1, Jhansi, to this Court along with copy of the order dated 26.09.2025. In view of the aforesaid facts, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case against the applicants herein.

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Learned counsel for opposite party no.2 admits the aforesaid facts regarding

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NA528 No. 34634 of 2025

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2

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execution of compromise and its verification as well. He also supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties.

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Looking at the facts and circumstances of the case and its settlement and verification of the compromise, learned A.G.A. does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.

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Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case it is apparent that there was a matrimonial discord between the applicant no.1 and the opposite party no.2, due to which the opposite party no.2 had lodged the F.I.R. against the applicants. Subsequently, the parties have settled their disputes amicable and a compromise dated 29.03.2025 was executed between the parties, a copy whereof has been annexed as Annexure '4' to the instant application. In terms of the order dated 10.09.2025, the said compromise has been duly verified by the trial court in presence of the parties. From the compromise it is also apparent that the parties have filed application under Section 13B of the Hindu Marriage Act, which according to the applicants and the opposite party no.2, the same has also been allowed by the trial court. Thus, a compromise has already been acted upon by the parties. In view of the facts of the facts and circumstances, no fruitful purpose will be served by keeping the criminal proceedings pending against the applicant as the pendency of the criminal proceedings will be nothing but a futile exercise in the light of the compromise arrived at between the parties. With the aforesaid compromise, peace will prevail not only in the families of the parties in the instant case but in a society at large.

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Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67 , the instant application is allowed and the entire proceedings in Case No. 3320 of 2021 (State vs. Deepak Rajpoot and Ors.) arising out of Case Crime No. 278 of 2019 under Sections 498-A, 323, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police StationBabina, District- Jhansi, pending in the court of learned Additional Chief Judicial Magistrate, Jhansi, are hereby quashed .

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(Anish Kumar Gupta,J.)

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October 29, 2025 Shubham Arya

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Deepak Rajpoot Alias Deepak Verma and 2 Others v. State of U.P. and Another

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Deepak Rajpoot Alias Deepak Verma and 2 Others v. State of U.P. and Another

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