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2025 DAILYLAW 140594 (ALL)

PUNIT SRIVASTAVA v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4206/2025 · 2025-07-30

Subhash Vidyarthi

body2025

Judgment text

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Court No. - 15 Case :- APPLICATION U/S 482 No. - 4206 of 2025 Applicant :- Punit Srivastava Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pawan Kumar Misra,Om Prakash Nag Counsel for Opposite Party :- G.A.,Adarsh Srivastava,Uma Shanker Srivastava Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Pawan Kumar Misra, the learned counsel for the applicants, Ms. Kamlesh Kumari, the learned A.G.A. for the State and Sri Adarsh Srivastava, the learned counsel for opposite party No.2 and perused the record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the entire proceedings of Criminal Case No.93584 of 2022 arising out of the Case Crime No.31/2021 u/S 498A/323/504/506 IPC and 3/4 of D.P. Act relating to Police Station-Mahila Thana, Lucknow. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-5 to the petition. The parties have confirmed the terms of the compromise. Parties have decided to severed their relationship and their marriage stands dissolved by a decree of divorce granted under Section 13-B of Hindu Marriage Act. 4. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants. 5. I have considered the submissions of learned counsel for the parties. 6. Considering the fact that the dispute between the parties is personal in nature and 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 criminal proceedings would be an exercise in futility. 7. 7. 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 application is allowed and entire proceedings of Criminal Case No.93584 of 2022 arising out of the Case Crime No.31/2021 u/S 498A/323/504/506 IPC and 3/4 of D.P. Act relating to Police Station-Mahila Thana, Lucknow are quashed. . (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench