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2025 DAILYLAW 140152 (ALL)

SAURABH BHARGAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4113/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39823 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4113 of 2025 Applicant :- Saurabh Bhargava Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Nishant Pandey,Avinash Singh Vishen,Shishir Raj Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. On amendment application 1. An application has been filed on behalf of the applicant for amendment, which is taken on record. 2. By means of the amendment application the applicant has sought to amend the memo of the application only to the extent of correcting the district in prayer clause (i). 3. The amendment sought is formal in nature to which the learned AGA has raised no objection. 4. The application is allowed. Learned counsel for the applicant may incorporate the amendment forthwith. On Memo 1. Heard Sri Avinash Singh Vishen, the learned counsel for the applicant, Sri Ashok Srivastava, the learned AGA for the State, and perused the record. 2. The instant petition under Section 482 CrPC/528 BNSS has been filed, seeking quashing of Criminal Case No.2000/2012, arising out of FIR No.0031 of 2012 dated 10.02.2012, under Sections 323, 498-A and 506 IPC read with Section 3 and 4 D.P. Act lodged at Police Station Talkatora, District Lucknow, Pending in the Court of ACJM-VII, Lucknow, including the charge-sheet dated 12.05.2012 and summoning order dated 16.03.2012 passed in the aforesaid case, on the ground that the parties have arrived at a settlement. 3. The aforesaid case has been instituted on the basis of an FIR lodged on 10.02.2012 under Sections 498-A, 323 and 506 IPC read with Sections 3 and 4 D.P. Act lodged at Police Station Talkatora, District Lucknow lodged by the opposite party no. 2, who was wife of the applicant. Subsequently, the marriage of the parties has been dissolved by means of a judgment and decree dated 11.01.2019 passed by the Family Court, Dhaulpur, Rajasthan in Civil Misc. Case No.232 of 2018 under Section 13-B of the Hindu Marriage Act. 4. Copies of the statements recorded by the Family Court have been annexed with the application wherein it is stated that no legal proceedings will be instituted or pursued by the parties against each other. 5. On 16.05.2025, this Court had issued notice to opposite party no. 2. The office has reported that notice stands served upon opposite party no. 2 in person, but she has not put in appearance to oppose the application. 6. Keeping in view the fact that the FIR was lodged by the opposite party no. 2 in the year 2012 when the matrimonial relations subsisted between the parties, alleging harassment at her matrimonial home and subsequently the parties have resolved their dispute amicably and have got their marriage dissolved by mutual consent way back in the year 2019 and that in response to the notice issued by this Court, the opposite party no. 2 has not come forward to oppose the application, I am of the view that continuance of criminal proceedings instituted by the applicant's former wife, in the peculiar facts and circumstances of the case, would not be in the interest of justice. 7. Accordingly, the application is allowed and the proceeding of Criminal Case No.2000/2012, arising out of FIR No.0031 of 2012 dated 10.02.2012, under Sections 323, 498-A and 506 IPC read with Section 3 and 4 D.P. Act lodged at Police Station Talkatora, District Lucknow, Pending in the Court of ACJM- VII, Lucknow, including the charge-sheet dated 12.05.2012 and summoning order dated 16.03.2012 passed in the aforesaid case, is hereby quashed. Order Date :- 11.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench