MAYANK KRISHNANI AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND ANOTHER
/6992/2024 · 2025-08-04
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151983 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45169 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6992 of 2024 Applicant :- Mayank Krishnani And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A.,Manoj Kumar Gupta Hon'ble Shree Prakash Singh,J.
1. Heard Ms. Vibha Yadav, Advocate holding brief of Sri Anurag Shukla, learned counsel for the applicant, Sri Shiv Kumar Mishra, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 2. The present applicant has been filed with a request for quashing the impugned summoning order dated 19-02-2024 and impugned charge sheet dated 02-01-2024 (Annexure no. 1 and 2) as well as the proceedings of criminal case crime no.250/2023 under section 498-A, 323, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, pending before Additional Chief Judicial Magistrate 6 (ACGM-6) Lucknow, in the interest of justice with all consequential effects. 3. It is argued by the learned counsel for the applicants that initially an F.I.R. was lodged as case crime 250 of 2023 under section 498-A, 323, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act. She added that the matter pertains to the matrimonial dispute and there was some misunderstanding between the parties, which was settled and the parties have amicably settled their disputes before the Mediation and Conciliation Centre of this Court and now there is no further dispute in between the parties. She also submits that allowing for the proceedings against the applicants would be abuse of process of law and amount to harassment. Thus, the submission is that whole proceedings against the applicants may be quashed. 4. Learned counsel appearing for the opposite party no. 2/informant has also supported the version of the applicants and submits that the parties have settled their disputes amicably and even a decree of divorce has also been passed under Section 13 -B of the Hindu Marriage Act. He submits that he has no objection if the criminal proceedings are quashed against the applicants. 5. Learned A.G.A. though has opposed the prayer made but he has has no objection if the parties have settled their disputes. 6.
Having heard learned counsel for the parties and after perusal of record it transpires that matter pertains to matrimonial dispute and at subsequent stage, the parties have settled their dispute. The record emerges that the matter was referred to the Mediation and Conciliation Centre of this Court and the Mediation Centre has sent report dated 27.11.2024 along with settlement agreement, which is apparent that the mediation succeeded. From perusal of the settlement agreement it transpires that the parties have settled their disputes and they have also come to an agreement that the parties shall withdraw their cases instituted against each other, which is mentioned in the point no. E in the settlement agreement. 7. Since the parties have settled their disputes and the report is filed by the Mediation Centre, consequently summoning order dated 19-02-2024 and impugned charge sheet dated 02-01-2024 (Annexure no. 1 and 2) as well as the proceedings of criminal case crime no.250/2023 under section 498-A, 323, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, pending before Additional Chief Judicial Magistrate 6 (ACGM-6) Lucknow are hereby quashed. 8. The application is allowed accordingly. 9. Settlement agreement shall be part of this order. 10. Consigned to record. Order Date :- 4.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench