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2025 DAILYLAW 154893 (ALL)

VIJAY KUMAR YADAV @ CHHOTU AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6216/2025 · 2025-07-30

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44175 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6216 of 2025 Applicant :- Vijay Kumar Yadav @ Chhotu And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kaushal Kishore Tewari, the learned counsel for the applicants and Sri Hansraj Verma, the learned A.G.A appearing on behalf of the State. 2. By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the summoning order dated 02.05.2017 as well as the entire criminal proceedings titles as "State Vs. Pyare Lal and others" arising out of Case Crime No. 338 of 2015, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, P.S. Sarojini Nagar, District Lucknow, on the ground that the parties have arrived at a settlement. 3. The aforesaid case has been instituted to the basis of an F.I.R lodged by the opposite party no.2 on 27.08.2015, alleging that she got married to the applicant no.1 on 03.03.2013 and the accused persons used to harass her for demanding dowry. 4. After investigation, the Investigating Officer has submitted a chargesheet against the applicants on 27.01.2017. 5. A copy of the compromise deed dated 25.07.2025 has been annexed as Annexure No. 4 to the application, wherein it has been stated that the opposite party no.2 is residing with the applicants happily and there is no dispute remaining now and that she does not want any criminal proceedings to continue against the applicants. 6. The learned counsel for the opposite party no. 2 has filed an affidavit in reply admitting the averments made in the application under Section 482 Cr.PC and supporting the prayer for quashing of the proceedings on the basis of compromise. 7. 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. 8. In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the summoning order dated 02.05.2017 as well as the entire criminal proceedings titles as "State Vs. Pyare Lal and others" arising out of Case Crime No. 338 of 2015, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, P.S. Sarojini Nagar, District Lucknow is hereby quashed. (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench