NIKHIL CHAUDHARY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5875/2025 · 2025-07-22
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 152612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152612 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42081 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5875 of 2025 Applicant :- Nikhil Chaudhary Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- D.P. Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri D.P. Dutt Tiwari, the learned counsel for the applicant, Sri Hansraj Verma, the learned A.G.A. for the State and Sri Dharmendra Kumar Tiwari, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. Short counter affidavit filed by the learned counsel for opposite party No.2 is taken on record. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has sought quashing of the impugned charge sheet no.01 of 2024, 02 of 2025, 03 of 2025, dated 02.07.2024, 15.04.2025 and 26.04.2025, summoning order dated 04.07.2025 along with entire proceedings of Criminal Case No.65090 of 2025, arising out of Case Crime No.0661 of 2023, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow on the ground that the parties have entered into a settlement and a compromise has been arrived at between them. 3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have
arrived at a compromise. The compromise deed has been placed on record as Annexure-4 to the application. The parties have confirmed the terms of compromise. 4. The learned counsel for the applicant has submitted that the opposite party no.2 is wife of the applicant. The F.I.R. was lodged because of their matrimonial disputes, which have been settled and the parties have decided to severe their relationship by getting their marriage dissolved by a decree of divorce by mutual consent by filing a suit under Section 13-B of Hindu Marriage Act. 5. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicant. 6. I have considered the submissions of learned counsel for the parties. 7.
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. 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 impugned charge sheet no.01
of 2024, 02 of 2025, 03 of 2025, dated 02.07.2024, 15.04.2025 and 26.04.2025, summoning order dated 04.07.2025 along with entire proceedings of Criminal Case No.65090 of 2025, arising out of Case Crime No.0661 of 2023, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Gomti Nagar, District Lucknow, pending in the Court of learned Chief Judicial Magistrate, Lucknow are hereby quashed. . [Subhash Vidyarthi, J.] Order Date :- 22.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench