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2025 DAILYLAW 189321 (ALL)

VINAY KUMAR @ DEEPAK PANDEY AND ANOTHER v. State of UP AND ANOTHER

A482/5852/2024 · 2025-10-07

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 5852 of 2024 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J. 1. Vakalatnama filed by Sri Atul Kumar Shahi, on behalf of the opposite party no.2, today in court, is taken on record. 2. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicants, Atul Kumar Shahi, learned counsel for the opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State. 3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 20.11.2022 as well as impugned cognizance/summoning order dated 20.07.2023 passed in Criminal Case No. 474 of 2023 - (Vinay Kumar @ Deepak Pandey and another Vs. State of U.P. and another), arising out of Case Crime No. 180 of 2022 under Sections 498-A & 507 I.P.C, Police Station- Shivkuti District- Prayagraj, pending in the Court of learned Additional Civil Judge (J.D) 21, Allahabad. 4. Learned counsel for the applicants submits that applicant no. 1 is husband and opposite party no. 2 is wife of the applicant no. 1. There was a matrimonial dispute between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. During the pendency of the aforesaid case, the parties have settled their disputes amicably and a compromise dated 13.08.2025 was executed between the parties. On the basis of the said compromise, the instant application was filed seeking quashing of the entire proceedings of the instant case. 5. Vide order dated 05.03.2024 passed by this Court, the instant matter was referred to Mediation & Conciliation Centre, Allahabad High Court. As per Versus Counsel for Applicant(s) : Akhilesh Kumar Mishra, Vinod Kant Mishra Counsel for Opposite Party(s) : G.A. Vinay Kumar @ Deepak Pandey And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the report received from the Mediation Center dated 17.10.2024, the mediation between the parties could not succeed. Learned counsel for the applicants submits that subsequent thereto during the pendency of this petition, matter was referred before the mediation centre attached with the trial court concerned. Vide order dated 13.08.2025, the parties have already settled their all the disputes through the mediation centre. A certified photocopy of the settlement agreement dated 13.08.2025 has been annexed as Annexure No. SA-2 to the supplementary affidavit, which has been filed today. Pursuant to the aforesaid settlement of disputes between the parties dated 13.08.2025, application under Section 13(B) of Hindu Marriage Act, has been filed before the trial court concerned. 6. According to para 8 of the application supported with an affidavit, the parties are agreed with to disposed of all the cases pending against them before the decree was passed against the applicant. In view of the above settlement of matrimonial dispute between the parties in the mediation centre of the trial court concerned, learned counsel for the applicants seeks quashing of the entire criminal proceedings of the instant case pending between the parties. Learned counsel appearing for opposite party no. 2 do not dispute the aforesaid facts and admitted the settlement arrived at between the parties before the mediation centre of the trial court concerned. He also admits the filing of the application under Section 13-B Hindu Marriage Act, wherein the parties has specifically agreed to get all the pending cases against each other disposed of with their consent. Thus, the learned counsel appearing for opposite party no. 2 supports the prayer for quashing of the entire criminal proceedings against the applicants in the instant case, in view of the compromise arrived at between the parties. 7. Ms. Harshita Rani, learned AGA, looking at the facts and circumstances of the case and settlement before the mediation centre, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein. 8. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that opposite party no.2 has filed a case under Sections 498-A & 507 I.P.C. Subsequent thereto, the parties have settled A482 No. 5852 of 2024 2 their disputes on 13.08.2025 before the mediation centre attached to the trial court concerned. 10. Since it was a matrimonial dispute between the parties, which has been amicably settled on 13.08.2025 before the mediation centre, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in Criminal Case No. 474 of 2023 - (Vinay Kumar @ Deepak Pandey and another Vs. State of U.P. and another), arising out of Case Crime No. 180 of 2022 under Sections 498-A & 507 I.P.C, Police Station- Shivkuti District- Prayagraj, pending in the Court of learned Additional Civil Judge (J.D) 21, Allahabad, are hereby quashed. October 8, 2025 Vinod. A482 No. 5852 of 2024 3 (Anish Kumar Gupta, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad