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2025 DAILYLAW 114252 (ALL)

UMESH KUMAR VERMA AND ANOTHER v. State of U.P. THROUGH PRINCIPAL, SECRETARY HOME, CIVIL SECRETARIAT U.P. LUCKNOW AND ANOTHER

A482/16/2022 · 2025-07-24

Subhash Vidyarthi

body2025

Judgment text

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Court No. - 15 Case :- APPLICATION U/S 482 No. - 16 of 2022 Applicant :- Umesh Kumar Verma And Another Opposite Party :- State Of U.P. Through Principal, Secretary Home, Civil Secretariat U.P. Lucknow And Another Counsel for Applicant :- Anuj Kumar,Anuj Verma,Rahul Agnihotri Counsel for Opposite Party :- G.A.,Alok Kumar Hon'ble Subhash Vidyarthi,J. (Order on IA/04/2025) 1. Heard Sri Anuj Kumar, learned counsel for the applicant, Sri Ashok Srivastava, learned A.G.A for State and Sri Alok Kumar, learned counsel for the opposite party no.2 who has filed a counter affidavit, which is taken on record. 2. In the application filed under Section 482 Cr.P.C, the applicants have sought quashing of the entire proceedings arising out of Case Crime No.314 of 2020, under Sections 498A, 354, 406, 323, 504, 506 IPC and Section 3/4 of DP Act, Police Station- Mahmoodabad, District- Sitapur including the charge sheet dated 24.09.2020 and summoning order dated 26.08.2021 passed by the Judicial Magistrate-II, Sitapur. 3. This is an application for disposal of the application under Section 482 Cr.P.C.on the ground that the criminal proceedings were instituted becasue of a matrimonial dispute between the parties and on 24.05.2025, the parties have arrived at a settlement agreeing for dissolution of their marriage by mutual consent under Section 13-B of Hindu Marriage Act and the criminal proceedings instituted by the opposite party will be closed. 4. The opposite party no.2 has filed a counter affidavit accepting the compromise and supporting the prayer for quashing of the proceedings on the ground of compromise. 5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility. 6. In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the entire proceedings arising out of Case Crime No.314 of 2020, under Sections 498A, 354, 406, 323, 504, 506 I.P.C and Section 3/4 of DP Act, Police Station- Mahmoodabad, District- Sitapur as well as the charge sheet dated 24.09.2020 and summoning order dated 26.08.2021, are hereby quashed. (In memo of the application) 7. The application stands allowed and the proceedings are hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 24.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench