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2025 DAILYLAW 149942 (ALL)

RISHABH KISHORE AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/5487/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39498 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5487 of 2025 Applicant :- Rishabh Kishore And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Kushagra Dikshit Counsel for Opposite Party :- G.A.,Himanshu Trigunait Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kushagra Dikshit, the learned counsel for the applicants, Smt. Kamlesh Kumari, the learned AGA for the State, as well as Sri Himanshu Trigunait, the learned counsel for the opposite party nos. 2 and 3, and perused the record. 2. The petition has been filed seeking quashing of the entire criminal proceeding of Case No.10662 of 2024, pending in the Court of learned Additional Chief Judicial Magistrate-5, Lucknow, arising out of FIR dated 26.12.2022 bearing No.0668 of 2022, under Sections 352, 308, 342, 406, 419, 420, 498-A and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Thakurganj, District Lucknow on the ground that the parties have arrived at a settlement. 3. The supplementary affidavit filed on behalf of opposite party nos. 2 and 3 is taken on record. 4. The original settlement dated 18.06.2025 entered into between the parties has been annexed with the petition wherein it is stated that the opposite party no. 3 got married to the applicant no. 1 on 18.02.2022. Due to some matrimonial dispute between the parties, they are residing separately since 15.06.2022 and cases were filed from both the sides. Now, the parties have arrived at a settlement under which they have agreed to get their marriage dissolved by mutual consent and the settlement amount has also been agreed. 5. The opposite party no. 3 has filed a supplementary affidavit on her behalf as also the opposite party no. 2, admitting the factum of compromise and supporting the prayer for quashing of the impugned proceeding. 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 settlement/compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and criminal proceeding of Case No.10662 of 2024, pending in the Court of learned Additional Chief Judicial Magistrate-5, Lucknow, arising out of FIR dated 26.12.2022 bearing No.0668 of 2022, under Sections 352, 308, 342, 406, 419, 420, 498-A and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Thakurganj, District Lucknow, are hereby quashed. Order Date :- 10.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench