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2025 DAILYLAW 151379 (ALL)

UMAKANT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5706/2025 · 2025-07-15

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40415 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5706 of 2025 Applicant :- Umakant And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mahesh Chandra Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mahesh Chandra Shukla, the learned counsel for the applicants and Sri Sagar Singh, the learned State Counsel and Sri Govind Kumar Chaurasia, Advocate who has filed his vakalatnama on behalf of the 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 the chargesheet dated 12.02.2009 arising out of Case Crime No.525 of 2008, under Sections 498A, 323, 504, 498 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station Thakurganj, District Lucknow as well as summoning order dated 26.05.2009 along with the entire proceedings of Criminal Case No.1206 of 2009, pending in the Court of Additional Chief Judicial Magistrate CBI (A.P), Lucknow, on the ground that the parties have arrived at a settlement. 3. A copy of the compromise deed dated 03.06.2025 has been annexed as Annexure No.9 to the affidavit, wherein it is stated that the parties have resolved their matrimonial dispute and they are residing together since the year 2019 and the opposite party no.2 does not want any further proceedings to continue in furtherance of the FIR lodged by her. 4. Sri Govind Kumar Chaurasia, the learned counsel for the opposite party no. 2 has supported the prayer made by the applicants and has given his consent for proceedings being quashed on the basis of compromise. 5. 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. 6. 6. 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 12.02.2009 arising out of Case Crime No.525 of 2008, under Sections 498A, 323, 504, 498 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station Thakurganj, District Lucknow as well as summoning order dated 26.05.2009 along with the entire proceedings of Criminal Case No.1206 of 2009, pending in the Court of Additional Chief Judicial Magistrate CBI (A.P), Lucknow, 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