USHA YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6285/2025 · 2025-08-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140282 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140282 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44890 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6285 of 2025 Applicant :- Usha Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ratnesh Kant Agnihotri,Aparna Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Utkarsh Pratap Singh, Advocate, holding brief of Shri Ratnesh Kant Agnihotri, Learned Counsel for the Applicants; Smt. Kamlesh Kumari, learned Additional Government Advocate, and Shri Nitin Rastogi, Advocate appearing on behalf of Opposite Party No. 2 by filing his vakalatnama, which is taken on record. 2. By means of the instant application the Applicants have sought quashing of the Chargesheet and the summoning/cognizance order dated 01.07.2023 in Case No. 72638 of 2023, arising out of Case Crime No. 0968 of 2021 under Sections 498-A, 376, 377, 354, 354, 323, 504, 506, I.P.C. and 3/4, Dowry Prohibition Act, pending in the court of Addl. Chief Judicial Magistrate, Court No. 27, Lucknow, as also the entire proceedings of the said case, on the ground that the parties have entered into a compromise. 3. The aforesaid case was instituted on the basis of a First Information Report lodged by the Opposite Party No. 2 on 12- 12-2021 against five persons, including the Applicants, stating that she had got married to the Applicant No. 2 Rambaran on 16-06-2021. The Applicant No. 1 is mother of the Applicant No.
2. All the accused persons used to harass her the opposite party No. 2 demanding dowry and she was turned out of her matrimonial home on 27-07-2021. 4. During investigation, the allegations levelled against three co-accused persons could not be established, and the charge sheet was submitted against the applicants only. During pendency of proceedings, the parties have entered into an agreement, dated 23-12-2024, agreeing to severe matrimonial relationship between the opposite party no.2 and applicant no.2 by seeking a degree of divorce by mutual consent, and the opposite party no.2 has agreed to withdraw all cases instituted by her. Applicant no.2 has agreed to pay Rs. 6 lakhs to the opposite party no.2. Compromise entered into between the parties has been placed on record as Annexure-5 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Addl.
Chief Judicial Magistrate-III, Lucknow, vide order dated 04.03.2025 in compliance of the order dated 07.02.2025 passed by this Court in Application u/s 482 No. 1093 of 2025. 5. Learned counsel for opposite party No. 2 has also supported the prayer for quashing the proceedings. 6. I have considered the submissions of learned counsel for the parties. 7. 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 proceedings in pursuance of the criminal proceedings would be an exercise in futility. 8. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of Chargesheet and the summoning/cognizance order dated 01.07.2023 in Case No. 72638 of 2023, arising out of Case Crime No. 0968 of 2021 under Sections 498-A, 376, 377, 354, 354, 323, 504, 506, I.P.C. and 3/4, Dowry Prohibition Act, pending in the court of Addl. Chief Judicial Magistrate, Court No. 27, Lucknow, as also the entire proceedings of the said case, are hereby quashed. (Subhash Vidyarthi, J.) Order Date :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench