KAPIL SHARMA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/12036/2023 · 2025-12-01
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 178942 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178942 (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. - 12036 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned counsel for the private respondent and learned A.G.A. for the State. 2. This application has been filed with the following prayer:-
"To quash the proceedings of Criminal Case No. 80748 of 2022 under Sections 498A, 504, 506 IPC and 3/4 of Dowry Prohibition Act relating to Police Station- Chinhat, District- Lucknow arising out of Case Crime No. 771 of 2021 under Sections 498-A, 323, 504, 506 of IPC and 3/4 of Dowry Prohibition Act, Police Station- Chinhat, District- Lucknow and the charge sheet as well as summoning order dated 11.08.2022 and entire proceedings of the case pending before A.C.J.M, 3rd, Court No. 23, District Lucknow."
3. The parties are also present today before this Court. They have informed that mediation has been failed before Mediation and Conciliation Centre of this Court. 4. Learned counsel for the applicant submits that genesis of the prosecution in question is matrimonial dispute and merely on the basis of general allegations, the charge-sheet was submitted by the Investigating Officer against the applicant no.1 who is husband and against the applicant no.2 who is mother-in-law. He further submits that relevant Versus Counsel for Applicant(s) : Shubhranshu Verma, Prem Kumar Counsel for Opposite Party(s) : G.A., Diwakar Singh, Kashi Ram, Om Chandra Sahu, Prem Chandra Chauhan, Urvashi Vishwakarma Kapil Sharma And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
material, which was provided to the Investigating Officer, was not considered during the course of investigation and then the charge-sheet was submitted, hence, indulgence of this Court is required. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer of the applicant and submits that the mediation has been failed before Mediation and Conciliation Centre of this Court. Learned counsel for the complainant submits that the interim order was provided by this Court on the basis of the argument that there is a possibility of settlement in case the matter is sent to Mediation and Conciliation Centre of this Court, but in the mediation proceeding, the applicant failed to cooperate.
He further submits that the charge-sheet has already been filed and the mediation has been failed, and the defense of the applicant cannot be considered at this stage, hence, the petition may be dismissed. 6. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the charge-sheet of the case in question was challenged on the ground that there is a possibility of settlement, if the matter is sent to Mediation and Conciliation Centre of this Court, but the same has been failed. It is also evident from the record that the statement recorded u/s 161 Cr.P.C. are also not annexed with the application. Therefore, the evidence collected by the Investigating Officer cannot be evaluated at this stage. 7. With above observations, the application, being misconceived, is dismissed. 8. The trial Court is directed to proceed in accordance with law. 9. Office is directed to communicate this order to the trial Court, forthwith. December 1, 2025 Arpan A482 No. 12036 of 2023 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench