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2025 DAILYLAW 193561 (ALL)

SMT SHIVANI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/28890/2022 · 2025-10-09

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 28890 of 2022 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant, Ms. Sunita Chauhan, learned counsel for the opposite party no. 2, Sri Alok Kumar Mishra, learned A.G.A. for the State and perused the material on record. 3. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the entire proceedings of Complaint Case No. 35865 of 2020 (Rahul vs. Smt. Shivani and others) as well as cognizance order dated 06.08.2022, by which learned Magistrate took cognizance under Sections 427, 406, 504, 506, 508 of IPC, P.S. Kavinagar, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad, on the basis of compromise executed between the parties on 23.04.2025. 4. Learned counsel for both the parties jointly submit that Private-Opposite Party No. 2 is father-in-law of applicant No. 1 and as per complaint case, all the allegations are related to purely matrimonial dispute. It is further submitted that the applicant No. 1 and son of Private-Opposite Party No. 2 settled their Versus Counsel for Applicant(s) : Mithilesh Kumar Shukla Counsel for Opposite Party(s) : G.A., Hemendra Pratap Singh, Sunita Chauhan Smt Shivani And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) matrimonial dispute by way of mediation, which has been taken place in pursuance of order of a Division Bench of this Court in Criminal Misc. Writ Petition No. 19789 of 2024 vide report of Mediation Centre dated 11.4.2025. The aforesaid settlement is taken place in another case registered as case crime No. 1130 of 2024, under Sections 498-A, 323, 504, 506, I.P.C. and Section 3/4 of Dowry Prohibition Act and one petition under Section 13- B of Hindu Marriage Act is pending for second motion. 5. Brief facts of the case, as per allegation of complaint, are that marriage between complainant and applicant no.1 was solemnized on 21.02.2019 according to Hindu rites and rituals and soon after the marriage behaviour of applicant no. 1 towards the complainant and his family became indifferent and disrespectful, she started behaving very strangely and used to quarrrel on trivial issues. On 10.03.2019 applicant no. 1 set fire in the temple of the house and on 11.03.2019 she attempted to commit suicide. It is further alleged that applicant no.1 is mentally unstable and on several occasions she left home without informing anyone and when family members tried to counsel her, she threatened to implicate them into false criminal proceedings. 6. Keeping in mind the position of law laid down by the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 and Parbathbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of Gujarat & another, (2017) 9 SCC 641 and facts, circumstances of the case, the present application under Section 528 of B.N.S.S., 2023 stands allowed. 7. The entire proceedings relating to proceeding of Complaint Case No. 35865 of 2020, under Sections 427, 406, 504, 506, 508 of IPC, P.S. Kavinagar, District Ghaziabad are hereby quashed. 8. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has A482 No. 28890 of 2022 2 been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 9. The parties may file the certified copy of this order before the court concerned within four weeks from today. 10. Interim order, if any, stands vacated. October 10, 2025 MAA/- A482 No. 28890 of 2022 3 (Sanjay Kumar Pachori,J.) Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad