YAMUNA PRASAD KAUSHAL @ YAMUNA PRASAD AND OTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9804/2022 · 2025-07-16
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168604 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168604 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41049 Court No. - 15 Case :- APPLICATION U/S 482 No. - 9804 of 2022 Applicant :- Yamuna Prasad Kaushal @ Yamuna Prasad And Other Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Santosh Kumar Singh, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State1. 2. The instant application under Section 482 Cr.P.C has been filed seeking quashing of the entire proceeding of Criminal Case No. 116 of 2022, 'State v. Yamuna Prasad & ors.', arising out of F.I.R./Case Crime No. 215 of 2021, under Sections 498- A, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Khandasa, District Ayodhya, pending in the Court of learned Additional Civil Judge (Junior Division-VI, Faizabad/ now Ayodhya as well as impugned charge sheet No. 266/21 dated 5/10/2021 in the aforesaid case crime number and impugned cognizance/ summoning order dated 1/8/2022 passed by the learned Judicial Magistrate-I, Faizabad/ now Ayodhya. 3. The matter was referred to the Mediation and Conciliation Centre of this Court by means of an order dated 08.02.2023. The Mediation Centre has submitted a report dated 14.07.2024 stating that the parties have arrived at an amicable settlement. The original settlement has been forwarded by the Mediation and Conciliation Centre to this court, wherein the parties have resolved their disputes and the opposite party no.2 has expressed consent for quashing of the criminal proceedings instituted by her. 4. The learned counsel for the opposite party no.2 has accepted the settlement entered into before the Mediation and Conciliation Centre of this Court and has supported the prayer for quashing of the proceedings. 5.
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. 6. 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 entire proceeding of Criminal Case No. 116 of 2022, 'State v. Yamuna Prasad & Ors.', arising out of F.I.R./Case Crime No. 215 of 2021, under Sections 498-A, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Khandasa, District Ayodhya, pending in the Court of learned Additional Civil Judge (Junior Division-VI, Faizabad/ now Ayodhya as well as impugned charge sheet No. 266/21 dated 5/10/2021 in the aforesaid case crime number and impugned cognizance/ summoning order dated 1/8/2022 passed by the learned Judicial Magistrate-I, Faizabad/ now Ayodhya, are hereby quashed. Order Date :- 16.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench