ANUBHAVA GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/6279/2025 · 2025-08-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155338 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155338 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44888 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6279 of 2025 Applicant :- Anubhava Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Siddhartha Sinha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Siddhartha Sinha, learned counsel for the applicants, Shri Hanjraj Verma, learned Additional Government Advocate, and Sri Lalit Kishor Pandey, learned counsel appearing for opposite party Nos. 2 and 3 by filing his vakalatnama alongwith counter affidavit, which are taken on record. 2. By means of the instant application, the applicants have sought quashing of the chargesheet No. 01/2022 dated 27/06/2022 and the cognizance order dated 16.08.2022 in Criminal Case No. 81708/2022, arising out of Case Crime No. 0259/2022 under Section 498A, 323, 504, 506, 406, 377, 307, I.P.C. and 3/4, D.P. Act, P.S. Vibhuti Khand, District Lucknow, pending in the court of Addl. District & Sessions Judge/Special Judge (POCSO Act), Court No. 2, Lucknow, as also the entire proceedings of the said case. 3. The aforesaid case was registered on the basis of a First Information Report lodged by opposite party No. 3 on 10.05.2022 against the applicants, stating that he got his daughter, opposite party No. 2, married to the applicant No. 1 on 06.02.2022. The applicant No. 2 is mother of applicant No.
1. Both the accused persons used to harass the opposite party No. 2 for demanding dowry, and she was turned out of her matrimonial home. 4. After investigation, the Investigating Officer submitted a charge sheet on 27.06.2022, and the trial court took cognizance of the offense on 16.08.2022. 5. During the pendency of the proceedings, the parties have arrived at a settlement on 25.04.2025, wherein it is recorded that the parties have resolved their disputes amicably, and they have agreed to get their marriage dissolved by mutual consent. Settlement/compromise dated 25.04.2025 has been filed as Annexure-6 to the application. Parties have already filed the suit under Section 13B of the Hindu Marriage Act, and they
have agreed that the applicant No. 1 will pay a sum of ₹12,50,000/- to the opposite party No. 2 as a one-time settlement, and the opposite party No. 2 has agreed to withdraw the criminal case instituted by her against the applicants. The opposite party Nos.
2 and 3 have filed separate counter affidavits admitting the aforesaid facts and supporting the prayer for quashing of the proceedings. 6. Learned counsel for the opposite party Nos. 2 and 3 has also supported the prayer for quashing the proceedings. 7. I have considered the submissions of learned counsel for the parties. 8. 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 proceedings in pursuance 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 petition is allowed and proceedings of chargesheet No. 01/2022 dated 27/06/2022 and the cognizance order dated 16.08.2022 in Criminal Case No. 81708/2022, arising out of Case Crime No. 0259/2022 under Section 498A, 323, 504, 506, 406, 377, 307, I.P.C. and 3/4, D.P. Act, P.S. Vibhuti Khand, District Lucknow, pending in the court of Addl. District & Sessions Judge/Special Judge (POCSO Act), Court No. 2, Lucknow, as also the entire proceedings of the said case, are hereby quashed. (Subhash Vidyarthi, J.)
Order Date :- 1.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench