ANOOP KUMAR KALRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/6384/2025 · 2025-08-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156203 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156203 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6384 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Dr. Krishna Singh,Advocate, has put in appearance by way of filing Vakaltanama on behalf of opposite party no. 2/informant and the same is taken on record. 2. Heard learned counsel for the applicants, Dr. Krishna Singh, learned counsel for the opposite party no.2/informant,learned A.G.A. for the State and perused the record. 3. The instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to set aside the entire criminal proceedings of the Case
"State Vs Anoop Kalra and another" pending in the court of learned Additional Chief Judicial Magistrate, Court No. 26, Lucknow, arising out of Case Crime No. 324 of 2023, under sections 498-A, 323,504,506 of the I.P.C., Police Station-Indira Nagara, District-Lucknow alongwith summoning order dated 21-02-204 and chargesheet dated 13-12-2023. 4. On 07-08-2025, the following order was passed:-
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to set aside the entire criminal proceedings of the Case "State Vs Anoop Kalra and another" pending in the court of learned Additional Chief Judicial Magistrate, Court No. 26, Lucknow, arising out of Case Crime No. 324 of 2023, under sections 498-A, 323,504,506 of the I.P.C., Police Station-Indira Nagara, District- Lucknow alongwith summoning order dated 21-02-204 and chargesheet dated 13-12-
2023. It is contended by the learned counsel for the applicants that the marriage of the applicant no. 1, Anoop Kumar Kalra was solemnized 23 years ago i.e. on 28-05-2002 Versus Counsel for Applicant(s) : Manoj Kumar Pandey Counsel for Opposite Party(s) : G.A. Anoop Kumar Kalra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
with opposite party no. 2 and there is one male and one female child from their wedlock. He added that because of some petty dispute in between the parties, which resulted into annoyance, the present first information report has been lodged.
He next added that this a matrimonial dispute in between the parties and there is still all possibility of amicable settlement of the dispute in between the parties, therefore, submission is that the matter may be referred to the Mediation and Conciliation Centre of this court. On the other hand, learned counsel appearing for the State, though has opposed the matter on merits, but, he has no objection if the parties are still ready to settle their dispute amicably. In view of the aforesaid submissions and to seek the willingness of the informant/opposite party no. 2, to refer the matter to mediation and Conciliation of this court, the informant/opposite party no. 2 is directed to remain present before this court on 25-08-2025 at 02.15 P.M. On 25-08-2025, the applicant shall fetch a bank draft of amounting Rs. 5,000/- which shall be given to the informant as expenditure. List/put up this matter on 25-08-2025. In the meantime,the State may file Counter Affidavit. Till the next date of listing, the criminal proceedings arising out of Case Crime No. 324 of 2023, under sections 498-A, 323, 504,506 of the I.P.C., Police Station-Indira Nagara, District-Lucknow, shall remain stayed so far as the present applicants are concerned."
5. In compliance of the order aforesaid, the opposite party no.2/informant, Smt. Pooja Kalra is present in person before this court. 6. On query being asked, she submits that the divorce decree has been passed and she is not interested to press the criminal prosecution any further. 7. Learned counsel appearing for the applicants submits that the instant matter is arising out of a matrimonial dispute and now, the divorce decree is passed and both the parties are living separately, and therefore, in the interest of justice, the criminal proceedings against the applicants may be quashed, so that both the parties can live peacefully. 8. On the other hand, learned counsel appearing for the opposite party no. 2 and the opposite party no. 2, who is appearing in person before this court, have no objection, to the contentions aforesaid. 9.
For the foregoing reasons and statement of the opposite party no. 2, the criminal A482 No. 6384 of 2025 2
proceedings arising out of Case Crime No. 324 of 2023, under sections 498-A, 323,504,506 of the I.P.C., Police Station-Indira Nagara, District-Lucknow, is hereby quashed. 10. The application is allowed accordingly. 11. Interim order, if any stands vacated. 12. Consigned to records. August 25, 2025 AKS A482 No. 6384 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench