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2025 DAILYLAW 178048 (ALL)

SMT. VIJENDRA KUMAR SHARMA and OTHERS v. STATE OF U.P. and OTHERS

A482/4010/2019 · 2025-11-06

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4010 of 2019 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the proceedings arising out of Case Crime No.0057 of 2018 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Manak Nagar, District Lucknow. 3. Learned counsel for the applicant submits that marriage of the applicant no.1 was solemnized with the respondent no.2 and they were enjoying their matrimonial life but due to some trivial issues in between them, F.I.R. was lodged by the respondent no.2 against the applicants. He further submits that charge sheet was submitted by the Investigating Officer against the applicants and cognizance was taken by the learned court below. He also submits that during the pendency of trial, issue in between the applicant no.1 & respondent no.2 has been resolved and now they are residing together and enjoying matrimonial life. He also submits that settlement agreement is also executed in between the parties on 20.8.2025, which is annexed as annexure no.1 with the affidavit filed by opposite party no.2 and informs that applicant no.1 and respondent no.2 are present before this Court along-with two and a half years old child, therefore, trial of the case in question is futile one and is liable to be quashed. Versus Counsel for Applicant(s) : Lalit Mohan Joshi, Surya Kumar, Vandana Sharma Counsel for Opposite Party(s) : Govt. Advocate, Krishna Kumar Singh, Satish Chandra Verma Smt. Vijendra Kumar Sharma And Others .....Applicant(s) State of U.P. and Others .....Opposite Party(s) 4. Learned counsel for the complainant also conceded the arguments argued by learned counsel for the applicant and submits that applicant no.1 & respondent no.2 are enjoying their matrimonial life. 5. Learned A.G.A. opposes the prayer of the applicant and submits that charge sheet was submitted on the basis of evidences collected by the Investigating Officer but he does not dispute the fact that genesis of the case is a matrimonial dispute. He also does not dispute the veracity of the settlement agreement in between the applicant no.1 & respondent no.2. 6. Respondent no.2 is present before this Court and states that she is living with her husband (applicant no.1) and enjoying their matrimonial life. She also states that she does not want to prosecute the applicant and requested that proceedings pending before the court below may be quashed. 7. Applicant no.1 also undertakes that he will maintain his wife (respondent no.2) alongwith the child. 8. Considering the submissions of learned counsel for the parties, going through the contents of the application, statement of the respondent no.2, it is evident from the record that due to some matrimonial dispute, F.I.R. of the case in question was lodged and now issue has already been resolved in between the applicant no.1 & respondent no.2 and they are enjoying their matrimonial life, in such circumstances, this Court is of the view that the trial of the case in question is futile one. 9. In view of the discussions made hereinabove, the present application is allowed and impugned proceedings pending before the court below is hereby set aside. 10. Office is directed to communicate this order to the learned court below, forthwith. November 6, 2025 GauraV/- A482 No. 4010 of 2019 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench