HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 9638 of 2020 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Richesh Mishra, learned counsel for the applicants. None appeared on behalf of opposite party no. 3 except learned A.G.A for the State, despite notice been served upon learned counsel for opposite party no. 3. 2. Vide order dated 05.03.2020 of this Court, the matter has been remitted to the Mediation and Conciliation Centre for amicable settlement of the dispute and interim protection was also granted to the applicant. Thereafter, by way of supplementary affidavit filed on 25.08.2024, it has been brought before this Court that the applicant and opposite party no.3 namely Khushboo Jaiswal are living separately on the basis of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 vide order dated 18.07.2024 of the learned Principal Judge, Family Court, Gorakhpur. 3. At this juncture, learned counsel for the applicants contended that as the parties are living separately on the basis of decree of divorce by mutual consent between them, therefore, the FIR filed against the applicant vide case crime no. 186 of 2019 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P.Act, P.S. Tiwaripur, District Gorakhpur. It has also been submitted that the order dated 02.01.2020 passed by learned Judicial Magistrate, Gorakhpur along-with charge sheet dated 20.11.2019 as well as the entire proceedings of order dated 02.01.2020 in Case No. 6 of 2020 (State Vs. Shiv Narayan Jaiswal and others) [though Versus Counsel for Applicant(s) : Adarsh Singh, Indra Raj Singh, Raja Sahani, Richesh Mishra Counsel for Opposite Party(s) : G.A., Sapan Kumar Singh Vivek Kumar Jaiswal And 5 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) in the prayer clause, the same does not find mention. In the interest of justice and keeping in view the nature of the case, it would be expedient to permit the learned counsel for the applicant on his oral submission during the course of argument to get it amended] arising out of case crime no. 186 of 2019, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P.Act, P.S. Tiwaripur, District Gorakhpur, be quashed. 4. Learned A.G.A for the State, states that as the dispute pertains to the matrimonial between the parties and both the parties are residing separately on the basis of order passed by the learned Principal Judge, Family Court, Gorakhpur, under Secton 13B of the Hindu Marriage Act, 1955, therefore, the criminal case pending against the applicants may disturb the piece and tranquility of the husband and wife. 5. On the basis of arguments advanced by learned counsel for the parties and from the perusal of the records, the present case is a good case for exercising powers by this Court to quash the entire proceedings, charge sheet as well as cognizance order as prayed for by the applicant(s). 6. The present application is allowed. 7. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. October 9, 2025 PS A482 No. 9638 of 2020 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad