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2025 DAILYLAW 153326 (ALL)

SHYAM SUNDAR AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/829/2025 · 2025-07-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43122 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 829 of 2025 Applicant :- Shyam Sundar And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rakesh Kumar Nayak, learned counsel for the applicants, Sri Ashok Kumar Srivastava, learned counsel for the State and Sri Suryan Sinha, learned counsel for the opposite party no. 2. 2. By means of the instant application filed under Section 482 Cr.P.C./528 B.N.S.S., the applicants has sought quashing of the impugned chargesheet dated 28.01.2025 as well as the entire proceeding arising out of Case Crime No. 6/2025, under Sections 85, 74, 115(2), 316(2), 352, 351(3) BNS and Section 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Ambedkar Nagar. 3. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party no. 2 on 07.01.2025 stating that she had got married to the applicant no.1 on 09.05.2014. All the accused persons used to harass her for demanding dowry. She gave birth to two children out of the wedlock, who were aged 8 years and 4 years at the time of lodging of the FIR. On 07.12.2024, she was turn out of her matrimonial home. 4. After investigation a charge sheet was submitted against the applicants on 28.01.2025 and the trial court took cognizance of the offences and summoned the applicants to face the trial. 5. On 01.06.2025, the parties have entered into a settlement wherein it is stated that the opposite party no. 2 had lodged the FIR because of some disputes which have been resolved. All the persons are residing as one family and she has stated that the proceedings of the case be closed in terms of the compromise. 6. Previously the petitioners had filed Appliation NA528 No. 562/2025, which was disposed of by means of an order dated 11.06.2025 directing the parties to get the compromise verfied by the trial court. The compromise has been verified by means of an order dated 09.07.2025 passed by the trial court which has been received by the application. 7. The learned counsel for the opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicant and the opposite party no.2 supports the application. 8. Considering the fact that the dispute between the parties is of private nature and it does not affect the public at large and 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. 9. 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 impugned chargesheet dated 28.01.2025 as well as the entire proceeding arising out of Case Crime No. 6/2025, under Sections 85, 74, 115(2), 316(2), 352, 351(3) BNS and Section 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Ambedkar Nagar, are quashed. Order Date :- 25.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench