AFSAR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/10476/2025 · 2025-12-11
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203205 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10476 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Sri Pankaj Kumar Singh, Advocate has filed power on behalf of the respondent no.2, which is taken on record. 2. Heard. 3. This application has been filed with the following prayer:-
"To quash the cognizance order dated 17.11.2023 arising out of Case Crime No. 0264/2023 and Criminal Case No.9474/2023 u/s 498-A, 323, 504, 506 Of I.P.C and Section 3/4 of Dowry Prohibition Act 1961, Police Station- Gauri Ganj, District- Amethi (State Versus Afsar Ali & others), and the impugned charge sheet dated 27.07.2023."
4. Learned counsel for the applicant submits that marriage of the private respondent was solemnized with the applicant, but due to some dispute arose between them, the F.I.R. of the case in question was lodged. He further submits that issue has already been resolved between the parties and now the private respondent does not want to prosecute the applicant as she is enjoying her matrimonial life with him, hence, the impugned proceedings may be quashed. 5. Learned counsel for the respondent no.2 submits that the private respondent is residing with the applicant and enjoying her matrimonial life with him, hence, the impugned proceedings may be quashed. Versus Counsel for Applicant(s) : Vijay Laxmi Singh Counsel for Opposite Party(s) : G.A. Afsar Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)
6. Learned A.G.A. does not contradict the submissions of the applicant's counsel. 7. Considering the submissions of learned counsel for the parties and perusing the record, it is undisputed that the private respondent is enjoying her matrimonial life with the applicant and now she does not want to prosecute him. Therefore, the trial in question is futile exercise. 8. With above observations, the application is allowed. The cognizance order dated 17.11.2023 arising out of Case Crime No. 0264/2023 and Criminal Case No.9474/2023 u/s 498-A, 323, 504, 506 Of I.P.C and Section 3/4 of Dowry Prohibition Act 1961, Police Station- Gauri Ganj, District- Amethi (State Versus Afsar Ali & others), and the impugned charge sheet dated 27.07.2023 including entire proceedings in pursuance thereof are hereby quashed. 9. Office is directed to communicate this order to the trial Court, forthwith.
December 11, 2025 Arpan A482 No. 10476 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench