HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/s 482 No. - 9780 of 2024 Sanjay Agarwal and 2 others …..Applicant(s) Versus Smt. Nikita Agrawal and another …..Opposite Party(s) Counsel for Applicant(s) : Ratnesh Chandra, Ajit Verma Counsel for Opposite Party(s) : Gauri Suwan Pandey, G.a, Prashant Kumar Chaurasia, Purshottam Chaurasia, Ramesh Chandra Shukla and APPLICATION U/s 482 No. - 1433 of 2021 Sanjay Agarwal and others …..Applicant(s) Versus Smt. Nikita Agrawal and another …..Opposite Party(s) Counsel for Applicant(s) : Ratnesh Chandra, Ajit Verma Counsel for Opposite Party(s) : Ms.priyanka Singh Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard Sri Ratnesh Chandra, learned counsel for the applicants and learned A.G.A. for the State. 2 A482 No. - 9780 of 2024 2. The Application u/s 482 No. 9780 of 2024 has been filed with the following prayer:- "(i) To quash the impugned order dated 26.09.2024 passed by Special Chief Judicial Magistrate (CBI) (Ayodhya Prakaran), Lucknow, by which, the opportunity of cross examination of PW-1 (Nikita Agarwal) by the accused has been closed. (ii) To quash the proceedings of Case Crime No. 0339 of 2020 (State Versus Ashutosh Agarwal and others) under Sections 498A, 323, 504, 506, 377 of Indian Penal Code and 3/4 Dowry Prohibition Act pending in the court of Special Chief Judicial Magistrate (CBI) (Ayodhya Prakaran), Lucknow." The Application u/s 482 No. 1433 of 2021 has been filed with the following prayer:- "(i) To set aside/quash the charge-sheet dated 13.11.2020 in Case Crime No.0339 of 2020 (State Versus Ashutosh Agarwal and others) under Sections 498A, 323, 504, 506, 377 of Indian Penal Code and 3/4 Dowry Prohibition Act. (ii) To set aside/quash the order dated 05.02.2021 passed by Special Chief Judicial Magistrate (Ayodhya Prakaran), Lucknow, by which, bailable warrant has been issued against the petitioners in Case Crime No.0339 of 2020. (iii) To set aside/quash the order dated 10.12.2020 passed by Special Chief Judicial Magistrate (A.P.), Lucknow in Case Crime No.0339 of 2020." 3. Both these applications are related to same crime in question, therefore, these applications are being decided by a common order. 4. Learned counsel for the applicants submits that the genesis of the prosecution in question is matrimonial dispute arose between the applicant no.3 and the private respondent. The opportunity of cross- examination of the private respondent was closed by learned trial Court vide order dated 26.09.2024, hence, the Application u/s 482 No. 9780 of 2024 is preferred. It is further submitted that the matter was sent to Mediation and Conciliation Centre of this Court, where the issue was resolved amicably between the parties and a settlement agreement was executed/signed on 27.10.2025, by means of which, the parties have agreed to withdraw/not pursue the case filed against each other. The details of the cases are mentioned in para 6-F of the aforesaid settlement agreement. It is next submitted that amount of Rs. 15,50,000/- has been paid by the husband to his wife, and rest of the amount of Rs. 15,50,000/- will be paid to the private respondent/wife at the time of final judgment of joint petition filed u/s 13-B of Hindu Marriage Act before learned Principal Judge, Family Court, Lucknow on 29.09.2025, hence, the impugned proceedings may be quashed. 3 A482 No. - 9780 of 2024 5. Learned A.G.A. vehemently opposes the prayer of the applicants. However, he does not contradict regarding the settlement agreement dated 27.10.2025, which was executed between the parties before Mediation and Conciliation Centre of this Court. 6. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that foundation of the prosecution in question is matrimonial dispute and the issue has already been resolved by way of settlement agreement before Mediation and Conciliation Centre of this Court. The settlement agreement dated 27.10.2025 is as under:- 4 A482 No. - 9780 of 2024 5 A482 No. - 9780 of 2024 7. It is evident that the issue has already been resolved between the parties by means of aforesaid settlement agreement and the private respondent has agreed to withdraw/not pursue the case. Therefore, this Court is of the view that the trial of the case in question is futile one. 8. With above observations, these applications are allowed. The impugned order dated 26.09.2024 passed by Special Chief Judicial Magistrate (CBI), (Ayodhya Prakaran), Lucknow, the proceedings of Case Crime No. 0339 of 2020 (State Vs. Ashutosh Agarwal and others) under Sections 498A, 323, 504, 506, 377 I.P.C. and 3/4 D.P. Act, the charge-sheet dated 13.11.2020 filed in Case Crime No.0339 of 2020, the order dated 05.02.2021 passed by Special Chief Judicial Magistrate, (Ayodhya Prakaran), Lucknow and the order dated 10.12.2020 passed by Special Chief Judicial Magistrate (A.P.), Lucknow are hereby quashed. 9. Office is directed to communicate this order to the trial Court, forthwith. (Rajeev Singh,J.) November 21, 2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench