ALOK SRIVASTAVA @ ASHISH SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/5579/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150676 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150676 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39494 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5579 of 2025 Applicant :- Alok Srivastava @ Ashish Srivastava And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Virijendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Virijendra Kumar Singh the learned counsel for the applicants, Sri Angad Kumar Vishwakarma, the learned A.G.A. for the State and Sri Amjad Siddiqui, Advocate holding brief of Sri Amit Kumar Singh has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. Short counter affidavit filed by 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./Section 528 BNSS, the applicants have sought quashing of impugned charge sheet no.01/2023, dated 02.10.2023, cognizance order dated 11.07.2024 along with entire proceedings of Criminal Case No.651 of 2024, arising out of Case Crime No.110 of 2023, under Sections 498-A/323/506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Shri Dutt Ganj, District Balrampur, pending in the Court of learned Civil Judge, Junior Division/Judicial Magistrate Utraula, Balrampur. 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. A copy of compromise deed has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of compromise.The parties have agreed to severe their matrimonial relations by a decree of divorce by mutual consent. 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. 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 impugned the charge sheet no.01/2023, dated 02.10.2023, cognizance order dated 11.07.2024 along
with entire proceedings of Criminal Case No.651 of 2024, arising out of Case Crime No.110 of 2023, under Sections 498-A/323/506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Shri Dutt Ganj, District Balrampur, pending in the Court of learned Civil Judge, Junior Division/Judicial Magistrate Utraula, Balrampur are quashed. Order Date :- 10.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench