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2025 DAILYLAW 117926 (ALL)

ABDUL ISLAM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL LKO AND ANOTHER

A482/530/2025 · 2025-08-20

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48836 Court No. - 14 Case :- APPLICATION U/S 482 No. - 530 of 2025 Applicant :- Abdul Islam And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Lko And Another Counsel for Applicant :- Sanjay Kumar Verma,Mohammad Haneef Khan Counsel for Opposite Party :- G.A.,Mohd. Anas Siddiqui,Vijay Kumar Asthana Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the parties and perused the record. 2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the order dated 29.05.2023 by which the summon has been issued against the applicant passed by the Additional Chief Judicial Magistrate Room No. 27 Lucknow in Case Crime No. 0041/2023, under Sections 377, 498A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Shadatganj, District Lucknow (State Versus Abdul Islam) and to quash the charge sheet No. 01/2023 dated 06.05.2023 filed in Case Crime No. 0041/2023, U/s-377, 498A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Shadatganj, District Lucknow (State Versus Abdul Islam) and to quash the entire proceeding of Case Crime No.0041/2023, U/s-377, 498A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Shadatganj, District Lucknow (State Versus Abdul Islam)." 3. It is argued by learned counsel for the applicants that the matter pertains to matrimonial dispute and the parties have settled their dispute before the Mediation and Conciliation Centre of this Court. He submits that vide order dated 21.01.2025; the matter was referred to the Mediation and Conciliation Centre of this Court and the parties appeared their and entered into settlement/agreement on 21.05.2025. He further submits that now there is no dispute in between the parties and, therefore, the criminal proceedings instituted against the applicants may be quashed. 4. Learned counsel for the opposite party no. 2 has supported the version of learned counsel for the applicants and submitted that the parties have settled their dispute and executed a settlement agreement dated 21.05.2025. 5. Learned A.G.A. has no objection to the contention aforesaid. 6. Considering the submissions advanced by learned counsel for the parties and perusing the record, including the Mediators' report dated 21.05.2025 appended with the settlement/agreement, it transpires that the parties have settled their dispute and there is a report of the Mediators that the mediation between the parties got succeeded. Now, since the parties have settled their dispute, therefore, allowing criminal prosecution would amount to harassment and no fruitful purpose would be subserved. 7. Consequently, the criminal proceeding arising out of Case Crime No.0041/2023, U/s-377, 498A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Shadatganj, District Lucknow (State Versus Abdul Islam) are hereby quashed. 8. The settlement/agreement dated 21.05.2025 shall be part of this order. 9. The application stands allowed. [Shree Prakash Singh,J.] Order Date :- 20.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench