RAJAT KULSHRESTHA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/5689/2025 · 2025-07-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150901 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150901 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40182 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5689 of 2025 Applicant :- Rajat Kulshrestha And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Jagjeet Singh,Anju Srivastava,Devendra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Devendra, the learned counsel for the applicant and Sri Avishesh Kumar Singh, the learned A.G.A for the State and Sri Ashish Kumar Tiwari, Advocate who has filed his vakalatnama on behalf of the learned counsel for the opposite party no. 2 is taken on record.
2. By means of the instant application filed under Section 482 Cr.P.C, the applicant has sought quashing the chargesheet dated 26.05.2023 arising out of Case Crime No.729 of 2022, under Sections 498A, 323, 506 I.P.C and 3/4 of Dowry Prohibition Act, Police Station Vibhuti Khand, District Lucknow along with the entire proceedings of Case No. 81833 of 2023, pending in the Court of learned Chief Judicial Magistrate, Lucknow, on the ground that the parties have arrived at a settlement.
3. The aforesaid case has been instituted on the basis of an F.I.R lodged by the opposite party no.2, who is wife of the applicant no.1 on 27.11.2022 alleging that the applicant, his mother and father used to harass her for demanding dowry.
4. A copy of the compromise deed dated 26.05.2025 has been annexed as Annexure No.5 to the affidavit of the instant application. It is stated in the compromise that the parties have arrived at a settlement under which the applicant no.1 have got their marriage dissolved by mutual consent through a decree of divorce under Section 13-B of Hindu Marriage Act and they have resolved their disputes.
5. The applicants had filed an application under section 482 Cr.P.C. No. 4798 of 2025, which was disposed of by means of an order dated 05.06.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an
order dated 30.06.2025 passed by the learned Additional Chief Judicial Magistrate- III, Court No. 26, Lucknow in Case no. 81833 of 2023.
6. Sri Ashish Kumar Tiwari, the learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given her consent for proceedings being quashed on the basis of compromise.
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 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 application is allowed and the chargesheet dated 26.05.2023 arising out of Case Crime No.729 of 2022, under Sections 498A, 323, 506 I.P.C and 3/4 of Dowry Prohibiton Act, Police Station Vibhuti Khand, District Lucknow along with the entire proceedings of Case No. 81833 of 2023,, are hereby quashed. (Subhash Vidyarthi,J.)
Order Date :- 15.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench