ANUPAM SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/9143/2025 · 2025-12-03
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185631 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185631 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9143 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Short counter affidavit filed by learned counsel for the private respondent is taken on record. 2. Heard learned counsel for the applicant, learned counsel counsel for the complainant and learned A.G.A. for the State. 3. This application has been filed with the following prayer:-
"To quash the entire proceeding of case no.490 of 2022 "State Vs. Dr. Anupam Srivastava" pending before the court of learned Additional Chief Judicial Magistrate, Vth, Lucknow including cognizance/summoning order dated 14.09.2022 as well as the charge-sheet dated 09.01.2022 u/s 498-A, 323 I.P.C., Police Station- Para, District- Lucknow filed in F.I.R. No. 505 of 2020 u/s 498-A, 323 I.P.C., Police Station- Para, District- Lucknow Gramin."
4. Learned counsel for the applicant prays for and is permitted to correct the description of the F.I.R. in the memo, forthwith. 5. Learned counsel for the applicant submits that genesis of the prosecution of the case in question is a matrimonial dispute and outside the Court, the issue has already been resolved, and the divorce petition of the parties has been allowed. He further submits that in the short counter affidavit, it is categorically mentioned by the private respondent that she has no objection, if the petition is allowed and the impugned proceedings Versus Counsel for Applicant(s) : Pravin Kumar Singh Counsel for Opposite Party(s) : G.A. Anupam Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
are quashed. 6. Learned A.G.A. and learned counsel for the complainant do not dispute the fact that the prosecution of the case in question is based on some matrimonial dispute. 7. Considering the submissions of learned counsel for the parties and perusing the record as well as the short counter affidavit, it is evident that the issue has already been resolved between the parties. The divorce petition no. 322 of 2020 filed by the applicant is already allowed by Additional Principal Judge, Family Court, Pratapgarh vide order dated
17.05.2023. In the short counter affidavit, the private respondent has categorically stated that she has no objection in case the impugned proceedings are quashed. Therefore, this Court is of view that once the parties resolved the issue outside the Court, the impugned proceedings are futile one. 8. With above observations, the application is allowed.
The entire proceeding of case no.490 of 2022, (State Vs. Dr. Anupam Srivastava), pending before the court of learned Additional Chief Judicial Magistrate, Vth, Lucknow, the cognizance/summoning order dated 14.09.2022, the charge-sheet dated 09.01.2022 u/s 498-A, 323 I.P.C. filed in F.I.R. No. 505 of 2020 u/s 498-A, 323 I.P.C., Police Station- Para, District- Lucknow Gramin including entire proceedings in pursuance thereof are quashed. 9. Office is directed to communicate this order to the trial Court, forthwith. December 3, 2025 Arpan A482 No. 9143 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench