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2025 DAILYLAW 148654 (ALL)

RAHUL SAINI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND 2 OTHERS

A482/5358/2025 · 2025-07-03

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37491 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5358 of 2025 Applicant :- Rahul Saini And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 2 Others Counsel for Applicant :- Sushil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sushil Kumar Mishra, the learned counsel for the applicants, Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and Sri Vishnu Kant Dwivedi, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. Counter affidavit filed the learned counsel for opposite party No.2 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the charge sheet dated 06.12.2021, cognizance order dated 21.10.2024 along with entire proceedings of Case Crime No.0110 of 2021, under Section 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Saadatganj, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate/A.T.S. Lucknow. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise that the parties got their marriage dissolved with mutual consent. Compromise deed has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of compromise. 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 proceedings of charge sheet dated 06.12.2021, cognizance order dated 21.10.2024 along with entire proceedings of Case Crime No.0110 of 2021, under Section 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Saadatganj, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate/A.T.S. Lucknow are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 3.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench