Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 181156 (ALL)

VARUN BUXI v. STATE OF U.P. THRU. PRIN. SECY. HOME, GOVT. OF U.P. SECTT. LKO. AND ANOTHER

A482/4771/2024 · 2025-11-10

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/s 482 No. - 4771 of 2024 Varun Buxi …..Applicant(s) Versus State of U.P. Thru. Prin. Secy. Home, Govt. of U.P. Sectt. Lko. and another …..Opposite Party(s) Counsel for Applicant(s) : Siddhartha Sinha, Mohammad Zeeshan Lari, Yogesh Gurnanee Counsel for Opposite Party(s) : G.A., Amarjeet Singh Rakhra, Bashisth Muni Mishra, Pranshu Agrawal Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Amarjeet Singh Rakhra, learned counsel for the respondent no.2 has filed an application for taking on record the settlement agreement dated 04.09.2025 alongwith affidavit for no objection, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the respondent no.2 and learned A.G.A. for the State. 3. This application has been filed with the following prayer:- "To quash the impugned charge-sheet No.1 dated 27.03.2023 filed against the petitioner by the police u/s 498A, 323, 420, 504, 506 IPC & 3/4 D.P. Act in Case Crime No.161/2022, at P.S.- Cantt., District- Lucknow; to quash the impugned summoning order dated 15.07.2023 passed by the learned Judicial Magistrate-II, Lucknow taking cognizance against the petitioner on the charge-sheet and entire subsequent proceedings." 2 A482 No. - 4771 of 2024 4. Learned counsel for the applicant submits that the marriage of the applicant was solemnized with the private respondent. The F.I.R. of the case in question was lodged due to matrimonial dispute. The charge- sheet was submitted by the Investigating Officer, on which, cognizance was taken by learned trial Court. It is further submitted that as per the direction issued by this Court, the matter was sent to Mediation and Conciliation Centre of this Court, where the mediation could not be succeeded. Thereafter, the issue has been resolved between the parties out of the Court and settlement agreement has been executed on 04.09.2025. It is, thus, submitted that this petition may be allowed in terms of the settlement agreement. 5. Sri Amarjeet Singh Rakhra, learned counsel for the respondent no.2 does not dispute the fact that the issue has already been resolved between the parties by way of settlement agreement dated 04.09.2025. He submits that his client is suffering from some ailment and she is not in a position to come to the Court. He also submits that he has no objection, if the proceedings are quashed. 6. Learned A.G.A. submits that genesis of the prosecution in question is matrimonial dispute. However, he does not dispute the fact that the settlement agreement has been executed between the parties. 7. Considering the submissions of learned counsel for the parties and perusing the record as well as the settlement agreement dated 04.09.2025, it is evident that the case in question was initiated on the complaint of the private respondent by lodging the F.I.R., thereafter, the charge-sheet was submitted, on which, cognizance was taken by the trial Court. The present application is filed by the applicant, in which, protection was granted by this Court and this matter was sent to Mediation and Conciliation Centre of this Court, but the mediation could not be succeeded. During the pendency of this application, the issue has been resolved by way of settlement agreement dated 04.09.2025. 3 A482 No. - 4771 of 2024 8. Contents of the settlement agreement dated 04.09.2025 are reproduced as under:- 4 A482 No. - 4771 of 2024 5 A482 No. - 4771 of 2024 6 A482 No. - 4771 of 2024 7 A482 No. - 4771 of 2024 8 A482 No. - 4771 of 2024 9 A482 No. - 4771 of 2024 10 A482 No. - 4771 of 2024 11 A482 No. - 4771 of 2024 12 A482 No. - 4771 of 2024 13 A482 No. - 4771 of 2024 14 A482 No. - 4771 of 2024 15 A482 No. - 4771 of 2024 16 A482 No. - 4771 of 2024 17 A482 No. - 4771 of 2024 9. The settlement agreement reveals that the issue has already been resolved. 10. With the above observations, the application is allowed. The impugned charge-sheet dated 27.03.2023 filed against the applicant u/s 498A, 323, 420, 504, 506 IPC & 3/4 D.P. Act in Case Crime No.161/2022, at P.S.- Cantt., District- Lucknow and the impugned summoning order dated 15.07.2023 passed by the learned Judicial Magistrate-II, Lucknow as well as entire subsequent proceedings are quashed in relation to the applicant. 11. Office is directed to communicate this order to the trial Court, forthwith. (Rajeev Singh,J.) November 10, 2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench