HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7824 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard Shri Yashovardhan Swarup assisted by Ms. Radha Gautam, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. As per office report dated 11.09.2023 based on the report of Chief Judicial Magistrate, Gonda, notice is already served on respondent no. 1, but none has put in appearance on her behalf. 2. As the matter is of the year 2023, the same is hereby decided with the assistance of learned counsel for the applicant and learned A.G.A. 3. This application has been filed for quashing the proceedings of Case No. 7001808 of 2018, arising out of Case Crime No. 34 of 2016, under Sections 498-A, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Itiyathok, District Gonda. 4. Learned counsel for the applicant submits that marriage of applicant was solemnized with respondent no. 1, but due to some trivial issues in between them, the F.I.R. bearing Case Crime No. 34 of 2016 was lodged and charge sheet was also filed by the Investigating Officer in mechanical manner, only on the basis of general allegations made by respondent no. 1 in her statement Versus Counsel for Applicant(s) : Yashovardhan Swarup, Bhavya Upadhyay, Desh Deepak Singh, Desh Raj Singh Counsel for Opposite Party(s) : G.A. Brijendra Kumar Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) under Section 161 Cr.P.C. It is further submitted that during the course of trial, a petition for divorce was filed by the applicant under Section 13 of Hindu Marriage Act before the Principal Judge, Family Court, Gonda, which was registered as Regular Suit No. 927 of 2015/17 (Brijendra Kumar Shukla Vs. Smt. Sarita). The said petition was allowed after hearing the parties vide order dated 28.05.2019. Thereafter, appeal was preferred by respondent no. 1, which was later on dismissed as withdrawn. Learned counsel for the applicant also submits that applicant as well as private respondent have already solemnized their marriage with someone else and are enjoying their separate matrimonial life. It is lastly submitted that in such circumstances, trial of the case in question would be futile one and, therefore, indulgence of this Court is necessary. 5. Learned A.G.A. opposes the prayer of the applicant and submits that on the basis of evidences collected, the Investigating Officer submitted the charge sheet. However, he concedes that he is not in a position to rebut the submission of the learned counsel for the applicant in relation to the decree of divorce. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that the genesis of the prosecution is matrimonial dispute in between the applicant and private respondent. The record reveals that Regular Suit No. 927 of 2015/17 (Brijendra Kumar Shukla Vs. Smt. Sarita), under Section 13 of Hindu Marriage Act was decreed by Additional Principal Judge/Family Court, Gonda vide order dated 28.05.2019. Thereafter, appeal was preferred by private respondent, but the same was got withdrawn. It is also informed by the learned counsel for the applicant that the applicant as well as respondent no. 1 have already solemnized marriage with someone else on their own choice and are now enjoying their separate matrimonial life. A482 No. 7824 of 2023 2 7. In view of above facts and circumstances, this Court is of the view that the trial of the case in question would be futile one. 8. Accordingly, the application stands allowed. Entire proceedings of Case No. 7001808 of 2018, arising out of Case Crime No. 34 of 2016, under Sections 498-A, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Itiyathok, District Gonda are hereby quashed. 9. Office is directed to communicate this order to the court concerned, forthwith. November 19, 2025 VKS A482 No. 7824 of 2023 3 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench