ASHWANI KUMAR SINHA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/5649/2025 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150989 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41445 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5649 of 2025 Applicant :- Ashwani Kumar Sinha And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Gaurav Singh,Abhay Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Gaurav Singh, the learned counsel for the applicants, Sri Manish Kumar Pandey, the learned A.G.A. for the State and Sri Bhanu Pratap Singh, advocate, who has filed vakalatnama on behalf of the opposite party No.2, which is taken on record. Supplementary affidavit filed by Sri Gaurav Singh, the learned counsel for applicants, 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 entire proceeding of Criminal Misc. Case No. 125030 of 2023; State Vs. Abhinav Sinha and others, arising out of Charge Sheet No. 01 of 2022 dated 19.07.2023 in pursuance of Case Crime No./ First Information Report No. 172 of 2022, Under Section 498A, 420, 506, 406, 504 I.P.C., relating to Police Station - Mahila Thana, Commissionerate and District Lucknow as well as summoning order dated 23.11.2023 passed by Learned Civil Judge (J.D.)/FTC Crime Against Woman, Lucknow. 3. Learned counsels for the parties submit that the parties have entered into a compromise whereunder they have got their marriage divorced by a decree under Section 13-B of the Hindu Marriage Act. In this regard, report of the Mediation Centre of this Court is annexed as Annexure No. 1 to the supplementary affidavit filed by the learned counsel for the applicants
whereby a settlement agreement has been entered into between the parties stating that the parties do not want to pursue the case further. 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 proceedings of Criminal Misc. Case No. 125030 of 2023; State Vs. Abhinav Sinha and others, arising out of Case Crime No./ First Information Report No. 172 of 2022, Under Section 498A, 420, 506, 406, 504 I.P.C., relating to Police Station - Mahila Thana, Commissionerate and District Lucknow, are quashed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench