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2025 DAILYLAW 195497 (ALL)

JAI VIR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/3346/2025 · 2025-10-07

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3346 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard Dr. Pooja Singh, learned counsel for the applicant, Mr. Anurag Shukla, learned counsel for the private respondent and Mr. Angad Vishwakarma, learned A.G.A. 2. This petition has been filed with the prayer to quash the charge sheet dated 15.11.2023 arising out of the Crime No.194/2023, under Sections – 498- A, 406, 420, 323 of IPC & 3 / 4 D.P. Act, police station – Aliganj, District – Lucknow. Petitioner also prays to quash the summoning order dated 07.12.2023 passed by Learned Court of Additional Chief Judicial Magistrate – 2, Lucknow in case no.141073/2023, arising out of the case crime no. 194/2023, under sections- 498 A, 406, 420, 323 of IPC and 3 / 4 D P Act, police station – Aliganj, District – Lucknow. Petitioner further prays to quash the entire criminal proceedings in Case No.141073/2023, arising out of the Crime No. 194/2023, under Sections 498 A, 406, 420, 323 of IPC and 3 / 4 D.P. Act, Police Station – Aliganj, District – Lucknow registered as "State of U.P. Versus Abhinav Singh and Others". 3. Learned counsel for the applicant submitted that the genesis of the prosecution in question is matrimonial dispute and he further submitted that charge sheet was submitted by the Investigating Officer and thereafter present petition was filed and during the pendency of the present petition issue was resolved amicably between the parties and he also informed that the petition under Section 13 B of the Hindu Marriage Act was also filed in which certain directions were issued and thereafter on 03.9.2025 issue was amicably settled with the condition that Abhinav Singh, petitioner no.2 will pay Rs.1,15,00,000/- for the expenses and maintaining his daughter Nyra Singh. 4. As all the amount has already been given to the private respondent which was observed by the learned Principal Judge, Family Court in the order dated 03.9.2025. Versus Counsel for Applicant(s) : Dr. Pooja Singh, Ambuj Singh Counsel for Opposite Party(s) : G.A., Anurag Shukla Jai Vir Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 5. As the issue has already been resolved, therefore, the trial of the case in question would be futile one. In the circumstances impugned proceedings may be quashed. 7. Mr. Anurag Shukla, learned counsel for respondent no.2 does not dispute this fact that the issue was amicably settled between the parties and he has no objection in case the impugned proceedings are quashed. 8. Considering the submissions of learned counsel for the parties and going through the contents of the petition as well as other material including the order dated 03.9.2025 passed by Principal Judge, Family Court in case no.793/2023 [Abhinav Vs. Mrinal], as the foundation of case in question is matrimonial dispute and the issue has already been resolved and Rs.1,15,00000/- has already been paid by the husband as per the Settlement, therefore, this Court is of the view that pendency of the trial would be futile one. Accordingly impugned proceedings are hereby quashed. 9. Registry is directed to communicate this order to the learned court below. October 7, 2025 mks A482 No. 3346 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench