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2025 DAILYLAW 177220 (ALL)

RAJESH CHAURASIA AND 4 OTHERS v. STATE OF U.P. THRU SECY HOME DEPTT LKO AND ANOTHER

A482/4816/2022 · 2025-11-06

Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4816 of 2022 Court No. - 23 HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned summoning order dated 09.05.2022 passed by the learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.3, District- Unnao in criminal Complaint Case No.1670 of 2021, under Sections 498-A, 323, 504 I.P.C. & Section 3/4 of Dowry Prohibition Act and further proceedings arising therefrom. 3. Brief facts of the case are to the effect that on 29.07.2021 a complaint bearing Complaint Case No.1670 of 2021 (Smt. Radha Vs. Ravi Chaurasia & others) was preferred by the opposite party no.2 against the applicants under Section 498-A, 323, 504 IP.C. & 3/4 of D.P. Act with the allegation that she had married to Ravi Chaurasia on 25.02.2019 according to Hindu rites and rituals and out of said wedlock a male child was born. After marriage, her in-laws started demanding Rs.1 lac in dowry, but the complainant's family showed their inability to fulfill the said demand, on account of which the complainant/opposite party no.2 was maltreated by her in-laws. On account of the alleged demand, on 04.07.2021 the complainant Versus Counsel for Applicant(s) : Anurag Misra, Ajay Sharma, Anand Tripathi, Vishal Yadav Counsel for Opposite Party(s) : G.A., Vineet Kumar Chaurasia Rajesh Chaurasia And 4 Others .....Applicant(s) State Of U.P. Thru Secy Home Deptt Lko And Another .....Opposite Party(s) along with her minor child was ousted from her in-law's house. The statement of the complainant under Section 200 Cr.P.C. was recorded in the said complaint case. 4. The husband of the complainant also moved application/complaint to the Police Station-Ashoka, District -Unnao and also to the Superintendent of Police, Unnao on 04.02.2022 with prayer to resolve the family dispute between the parties. The applicant no.5/husband has also filed a suit under Section 9 of Hindu Marriage Act which is pending before the Principal Judge, Family Court, Lucknow. 5. During course of hearing, on 25.07.2022 this Court considering the nature of dispute to be matrimonial and there being a fair possibility of amicable settlement, referred the matter to the Mediation & Conciliation Centre, Allahabad High Court, Lucknow Bench. The applicants were directed to deposit an amount of Rs.15,000/- as mediation expenses, out of which Rs.10,000/- was to be paid to the opposite party no.2 upon her first appearance before the Mediation Centre. 6. Pursuant to the said order, the parties appeared before the Mediation & Conciliation Centre. The Mediators, namely, Shri Indu Prakash Singh, Advocate along with Shri Fareed Ahmad, Advocate facilitated several sessions between the parties. After due deliberations and discussions, both the parties voluntarily and amicably arrived at a settlement which culminated in a mutual agreement dated 20.12.2022, duly signed by both the parties and counter signed by the Mediators. 7. The Mediation & Conciliation Centre has submitted its report dated 20.12.2022 along with the settlement agreement before this Court. A perusal of the said settlement reveals that both, i.e. husband- applicant no.1, namely, Ravi Chaurasia and opposite party no.2, namely, Radha Devi have resolved their dispute and have decided to live together peacefully as husband and wife with mutual love and respect. They have further agreed that neither A482 No. 4816 of 2022 2 party nor their family members shall institute or pursue any civil or criminal proceedings against each other with respect to the present dispute. It has been specifically recorded in the settlement that both the parties have entered into an agreement voluntarily and on their own free will, without any pressure or coercion or undue influence. 8. Considering the fact that the dispute between the parties is purely matrimonial in nature as noted in the settlement arrived at between the parties before the Mediation and Conciliation Centre of this Court, no useful purpose would be served by allowing the present proceedings to continue. Accordingly, the present application is allowed. Consequently, the entire proceedings arising out of Complaint Case No.1670 of 2021, under Sections 498-A, 323, 504 I.P.C. & Section 3/4 of Dowry Prohibition Act, are hereby quashed qua the applicants in terms of settlement agreement. The settlement agreement dated 20.12.2022 shall form part of this order. 9. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. November 6, 2025 Anand/- A482 No. 4816 of 2022 3 (Rajeev Bharti,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench