ABHAY SINGH YADAV AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/558/2025 · 2025-02-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119089 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119089 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8196 Court No. - 12 Case :- APPLICATION U/S 482 No. - 558 of 2025 Applicant :- Abhay Singh Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Akhil Pratap Singh,R.B.S. Rathaur,Sachin Kumar Counsel for Opposite Party :- G.A.,Ganesh Kumar Gupta Hon'ble Saurabh Lavania,J.
1. Heard.
2. The present application has been filed for the following main relief:-
"For the facts, reasons and circumstances mentioned in the accompanying counter affidavit, it is most respectfully prayed that this Hon'ble Court may be pleased to quash:- (I) the summoning order dated 08.10.2024 passed by Additional Chief Judicial Magistrate, Court No. 26, Lucknow in Crl. Case No. 96579 of 2024 (State vs. Abhay Singh Yadav & Ors.) (arising out of F.I.R. No. 0618/ 2023, under Sections 498-A, 323, 504 & 506 of I.P.C. and under Section 3/4 of Dowry Prohibition Act, P.S. Vibhuti Khand, Gomti Nagar, Lucknow). (II) Charge-sheet dated 21.02.2024 filed against the applicants in F.I.R. No. 0618/ 2023, under Sections 498-A, 323, 504 & 506 of I.P.C. and under Section 3/4 of Dowry Prohibition Act, P.S. Vibhuti Khand, Gomti Nagar, Lucknow. III) entire proceedings of Crl. Case No. 96579 of 2024 (State vs. Abhay Singh Yadav & Ors.) (arising out of F.I.R. No. 0618/ 2023, under Sections 498-A, 323, 504 & 506 of I.P.C. and under Section 3/4 of Dowry Prohibition Act, P.S. Vibhuti Khand, Gomti Nagar, Lucknow), pending in the Court of Additional Chief Judicial Magistrate, Court No. 26, Lucknow. It is further prayed that during the pendency of the present application, the further proceedings of Crl. Case No. 96579 of 2024 (State vs. Abhay Singh Yadav & Ors.) (arising out of F.I.R. No. 0618/ 2023, under Sections 498-A, 323, 504 & 506 of I.P.C. and under Section 3/4 of Dowry Prohibition Act, P.S. Vibhuti Khand, Gomti Nagar, Lucknow), pending in the Court
of Additional Chief Judicial Magistrate, Court No. 26, Lucknow, may kindly be stayed."
3. It appears that on the basis of the submissions made by the
learned counsel for the applicants, this Court vide its order dated 27.08.2024 passed in Criminal Revision No. 916 of 2024 has referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.
4. It also appears that in compliance of order of this Court dated 27.08.2024, a SETTLEMENT AGREEMENT has entered into between applicant/husband and opposite party No. 2/wife on 05.11.2024 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels.
5. Considering the aforesaid as also the submissions made by
learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the
settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Criminal Case No. 96579 of 2024, quoted above, are hereby quashed qua the applicants. 6.
Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 7.2.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench