Parul Sharma And 3 Others v. State Of U.P. Thru. Addl. Chief Secy. Home Deptt

Applicant :- Parul Sharma And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amrit Anand, Seema Srivastava Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.

Shri Sudhir Kumar Prajapati, Advocate has put in appearance by filing his power on behalf of the opposite party No. 2, which is taken in record.

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

By means of the instant application, the applicants have mainly prayed for quashing of the charge sheet dated 20.11.2020 pending before Civil Judge (S/D) /F.T.C. Unnao in criminal case no. 4566/2021 as well as summoning order dated 6.4.2021 U/S-332, 384, 353, 504, 506, IPC related to P.S. Bara Sagawar District Unnao on the basis of compromise and Report dated 01.02.2025 issued by Additional Chief Judicial Magistrate court no.4, Unnao, in the interest of justice.

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 09.02.2024, which is annexed as Annexure No.4 to the application. Thereafter, in compliance of order dated 23.10.2024, passed by this Court, the parties have appeared before Court below on 01.02.2025 on which date the compromise deed was verified, copy of verification order is annexed as Annexure No. 6 to the instant application. 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 FIR No.4566/2021 may be quashed.

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.

Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 09.02.2024 and said compromise has been verified on 01.02.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to FIR No. 4566/2024.

In view of the above, as the applicants and opposite parties have entered into compromise on 08.10.2024 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, entire criminal proceedings Crime Case no. 4566/2024 , U/S-332, 384, 353, 504, 506, IPC related to P.S. Bara Sagawar District Unnao pending before Ld. Additional Chief Judicial Magistrate court no.4, Unnao are hereby quashed.