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2025 DAILYLAW 120980 (ALL)

ATUL KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/921/2025 · 2025-08-21

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49223 Court No. - 14 Case :- APPLICATION U/S 482 No. - 921 of 2025 Applicant :- Atul Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Dubey,Deena Nath Mishra Counsel for Opposite Party :- G.A.,Ashok Kumar Bajpai Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C. (Now Section 528 B.N.S.S.) has been filed with the following prayer:- "i. To quash the summoning order dated 07.11.2023 along with the Chargesheet dated 13.10.2023 in Case Crime no.0048 of 2023 issued under Section 498A, 323, 504, 506 IPC read with 3/4 Dowry Prohibition Act pending in the court of Civil Judge (JD)/ FTC (W/O) Faizabad (State Vs Atul Kumar & others) (contained as Annexure No.1 & 2 to this Petition), ii. To quash the criminal proceedings in Case Crime no.0048 of 2023 issued under Section 498A, 323, 504, 506 IPC read with 3/4 Dowry Prohibition Act pending in the court of Civil Judge (JD)/ FTC (W/O) Faizabad (State Vs Atul Kumar & others)." 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 31.01.2025; the matter was referred to the Mediation and Conciliation Centre of this Court and the parties appeared their and entered into settlement/agreement on 11.07.2025. 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 11.07.2025. 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 11.07.2025 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.0048 of 2023 under Sections 498A, 323, 504, 506 IPC read with 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Ayodhya, are hereby quashed. 8. The settlement/agreement dated 11.07.2025 shall be part of this order. 9. The application stands allowed. Order Date :- 21.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench