SMT. NIDHI SRIVASTAVA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECRT. LKO. AND ANOTHER
A482/12404/2023 · 2025-12-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185641 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 12404 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P. learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint case No.2769 of 2022 (Anil Kumar Srivastava vs. Ramesh Chandra & ors) under Sections 323, 504 IPC Police Station Mahmoodabad, District Sitapur pending in the court of Judicial Magistrate-II, Sitapur and impugned summoning order dated 3.1.2023 passed by Judicial Magistrate-II, Sitapur during the pendency of the present case in the interest of justice. 3. The applicant no.1 and private respondent both are present before this Court. They are being duly identified by their respective counsels. 4. Learned counsel for the applicants submitted that there was a matrimonial dispute between the applicant no.1 and her husband, who is son of the private respondent. Thereafter, one FIR No.40 of 2022 was lodged by the applicants against the private respondent as well as her husband and others in which charge sheet was submitted and only with an intention to harass the applicants, the complaint of the case in question was filed. During pendency of the proceedings, issue has already been resolved between the husband and wife and she has already received alimony of Rs.16,10,000/-therefore the impugned proceedings may be quashed. 5. The private respondent who is present before this Court also conceded the fact that issue has already been resolved and he has no objection in case the proceeding is quashed. Versus Counsel for Applicant(s) : Ashok Kumar Singh, Ashish Kumar Tiwari Counsel for Opposite Party(s) : G.A., Sanjay Kumar Pathak, Sanjay Pathak, Sanjay Srivastava Smt. Nidhi Srivastava And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another .....Opposite Party(s)
6. Considering the submissions of learned counsel for the parties, going through the contents of application as well as statement of the applicant no.
1 and private respondent, as the issue has already been resolved between the parties and the private respondent has no objection in case the proceedings is quashed, Accordingly, the trial of the case in question is a futile one, therefore, impugned proceedings of the Complaint case No.2769 of 2022 (Anil Kumar Srivastava vs. Ramesh Chandra & ors) under Sections 323, 504 IPC Police Station Mahmoodabad, District Sitapur and impugned summoning order dated 3.1.2023 passed by Judicial Magistrate-II, Sitapur are hereby, quashed. 7. The present application is allowed. December 10, 2025 Pks A482 No. 12404 of 2023 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench