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2025 DAILYLAW 184259 (ALL)

ABHAY SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NA528/10/2024 · 2025-11-06

Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 10 of 2024 Court No. - 23 HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record. 2. The present application has been filed by the applicants with a prayer to quash the impugned summoning order dated 11.01.2024 passed by the Court of Additional Chief Judicial Magistrate-II, Ayodhya in Complaint Case No.121 of 2023 (Pallavi Singh Vs. Abhay Singh), under Sections 498-A, 323, 504, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station- Khandasa, District- Ayodhya. 3. Brief facts of the case are to the effect that the marriage of the applicant no.1 was solemnized with opposite party no.2 on 12.03.2018 and out of the said wedlock a baby girl was born on 27.01.2019. There were matrimonial dispute between the parties which led to the filing of an application under Section 156(3) Cr.P.C. before the court of Additional Chief Judicial Magistrate- II, Ayodhya on 24.04.2023, which was treated as a complaint case bearing no.121 of 2023. In the meantime, the complainant/opposite party no.2 also moved a petition under Section 125 Cr.P.C. seeking maintenance before the Court of Principal Judge, Family Court, Ayodhya. In the aforesaid proceedings, the applicants have been summoned vide order dated 11.01.2024 by the court below and also a Versus Counsel for Applicant(s) : Ravi Shanker Tewari, Sheo Pal Singh, Vishwakant Srivastava Counsel for Opposite Party(s) : G.A., Anil Kumar Tiwari Abhay Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) non-bailable warrant has been issued against the applicant no.1 vide order dated 24.06.2024 by the Court of Additional Chief Judicial Magistrate-II, Ayodhya, hence this application has been preferred by the applicants. 4. During course of hearing, on 29.07.2024 this Court considering the consensus of the parties, referred the matter to the Mediation & Conciliation Centre of this Court. The applicants were directed to deposit an amount of Rs.25,000/- as mediation expenses, out of which Rs.20,000/- was to be paid to the opposite party no.2 upon her first appearance before the Mediation Centre. 5. Pursuant to the said order, the parties appeared before the Mediation & Conciliation Centre. The Mediation Centre has submitted its report dated 24.08.2024 stating that "Mediation Completed. No agreement." 6. It is stated by the learned counsel for the parties that during pendency of the present application, the parties entered into compromise voluntarily and on their own free will, without any pressure or coercion or undue influence on 09.01.2025 outside the Court, copy of which is annexed as Annexure No.1 to the application for disposal of petition. According to the said compromise, opposite party no.2 will take care of her minor daughter against which a Rs.5,00,000/- would be deposited by her father in a fixed deposit scheme. The opposite party no.2 accepted the lump sum amount of Rs.15,00,000/- with regard to maintenance. Both the parties decided to file a petition under Section 13-B of Hindu Marriage Act for annulment of their marriage. They have further agreed that neither party nor their family members shall institute or pursue any civil or criminal proceedings against each other with respect to the present dispute. 7. It is further submitted that in pursuance of compromise, the complainant/opposite party no.2 withdrew the petition moved under Section 125 Cr.P.C. seeking maintenance as also both the parties filed a petition under Section 13(B) of Hindu Marriage Act, which was allowed NA528 No. 10 of 2024 2 vide order dated 16.09.2025 passed by the Principal Judge, Family Court, Ayodhya, hence they pray that the application be allowed and the entire proceedings be quashed in view of compromise. 8. Considering the fact that the dispute between the parties is purely matrimonial in nature as noted in the settlement arrived at between the parties as also they moved a petition under Section 13(B) of Hindu Marriage Act, which was allowed vide order dated 16.09.2025 passed by the Principal Judge, Family Court, Ayodhya and they decided to part ways, no useful purpose would be served by allowing the present proceedings to continue. Accordingly, the present application is allowed. Consequently, the entire proceedings arising out of Complaint Case No.121 of 2023 (Pallavi Singh Vs. Abhay Singh), under Sections 498-A, 323, 504, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station- Khandasa, District- Ayodhya, are hereby quashed qua the applicants in terms of settlement agreement. The compromise/agreement dated 09.01.2025 shall form part of this order. 9. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. November 6, 2025 Anand/- NA528 No. 10 of 2024 3 (Rajeev Bharti,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench