HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2597 of 2018 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Mohd. Alishah Faruqi and Shri Sanjay Singh, Advocates on behalf of opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicants, learned AGA and learned counsel for the opposite party no.2. 3. The private respondent is present along with Sub Inspector, Shri Dinesh Prasad and Lady Constable Ms. Aruna, Police Station Cantt, Lucknow. 4. This petition is filed with the following prayer : "(i). quash the summoning order dated 17.8.2015 and charge sheet no.11 of 2014 filed by the Investigating officer on 12.2.2014 in Case no. 1063 of 2015, Crime No.140 of 2013, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act pending before Judicial Magistrate-Ist, Lucknow and also direct the stay further proceedings of the aforesaid case." 5. Learned counsel for the applicants has submitted that marriage of the applicant no. 1 was solemnised with the private respondent but due to some trivial issues in between them, the FIR in question was lodged dragging all the family members and charge sheet was submitted by the Investigating Officer in the most mechanical manner and during the pendency of the proceeding of the case in question, divorce petition under Section 13(B) of The Hindu Marriage Act was filed and with the consent of learned counsel for the parties, the same was allowed vide judgment and order dated 12.03.2016 by the Principal Judge, Family Court in Case No.2130 of 2014. Versus Counsel for Applicant(s) : Satyendra Kumar, Mohd. Salman Counsel for Opposite Party(s) : Govt. Advocate Gagan Agrawal And Ors. .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. And Anr. .....Opposite Party(s) 6, Thereafter, private respondent remarried with some other person. It is submitted that at the time of deciding the aforesaid case filed under Section 13(B) of the Hindu Marriage Act, it was mutually decided that the private respondent will not pursue the case in question and she will also assist for dropping the same. But she was not cooperating therefore, present application has been filed. 7. The private respondent, who is present before this Court categorically admitted that under Section 13(B) of the Hindu Marriage Act, petition was filed with the settlement that she will not pursue the proceeding of the case in question and also cooperate for quashing of the same and she has no objection, in case the impugned proceeding is set aside. 8. Considering the submissions of learned counsel for the parties and going through the contents of the petition, as well as other material as the issue between the parties was resolved during the pendency of the proceeding under Section 13(B) of the Hindu Marriage Act in Case No.2130 of 2014 and petition was allowed on 12.03.2016 with the observation that private respondent will not pursue the impugned criminal proceedings and also cooperate for quashing of the same. 9. The private respondent who is also present before this Court admitted that agreement was filed before the Principal Judge, Family Court, therefore, this Court is of the view that the proceedings of case in question is futile one. 10. Accordingly, application is allowed. The summoning order dated 17.8.2015 and charge sheet no.11 of 2014 filed by the Investigating officer on 12.2.2014 in Case no. 1063 of 2015, arising out of Case Crime No.140 of 2013, under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act pending before Judicial Magistrate-Ist, Lucknow is quashed. 11. Office is directed to communicate this order to the learned court concerned. 12. The presence of the parties as well as of the Officers is also exempted. November 27, 2025/Pks A482 No. 2597 of 2018 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench