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2025 DAILYLAW 152098 (ALL)

YOGESH KUMAR ARORA AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/5818/2025 · 2025-07-24

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42591 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5818 of 2025 Applicant :- Yogesh Kumar Arora And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Poornendra Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Poornendra Kumar Awasthi, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, the learned A.G.A for the State and Sri Mohit Kumar Singh, Advocate holding brief of Sri Mukteshwar Mishra, Advocate who has filed his vakalatnama and a counter affidavit on behalf of the opposite party no. 2 are taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the summoning order dated 29.05.2023 along with the entire proceedings of Criminal Case No. 60133 of 2023 arising out of Case Crime No. 385 of 2022, under Sections 498-A, 323, 506 I.P.C, Section 3/4 of Dowry Prohibition Act and Section 66C of I.T. Act, Police Station Ghazipur, District Lucknow pending before the Court of Special Chief Judicial Magistrate (Custom), Lucknow. 3. A copy of the compromise deed dated 14.06.2025 has been annexed as Annexure No. 5 to the affidavit, wherein it is recorded that the opposite party no.2 is the wife of applicant no.1and that they have resolved their matrimonial disputes and agreed to severed their relationship by filing a suit for divorce by mutual consent under Section 13-B of Hindu Marriage Act. All the cases instituted by the parties against each other will be closed in terms of the compromise. 5. The learned counsel for the opposite party no. 2 has filed a short counter affidavit accepting the compromise and supporting the prayer made by the applicants for quashed of the criminal proceedings on the basis of compromise. 6. 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. 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 the summoning order dated 29.05.2023 along with the entire proceedings of Criminal Case No. 60133 of 2023 arising out of Case Crime No. 385 of 2022, under Sections 498-A, 323, 506 I.P.C, Section 3/4 of Dowry Prohibition Act and Section 66C of I.T. Act, Police Station Ghazipur, District Lucknow is hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 24.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench