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Neutral Citation No. - 2025:AHC:23363 Court No. - 78 Case :- APPLICATION U/S 482 No. - 27068 of 2023 Applicant :- Dr. Ashish Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shad Khan,Shivam Upadhyay Counsel for Opposite Party :- Arjit Gupta,G.A.,Naveen Chandra Gupta with Case :- APPLICATION U/S 482 No. - 39058 of 2024 Applicant :- Dr. Seema Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjit Gupta,Naveen Chandra Gupta Counsel for Opposite Party :- G.A. with Case :- APPLICATION U/S 482 No. - 40361 of 2024 Applicant :- Dr. Seema Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjit Gupta,Naveen Chandra Gupta Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Shad Khan, Advocate appearing for the applicant- Dr. Ashish Agrawal and Sri Naveen Chandra Gupta & Sri Arjit Gupta, Advocates appearing for the applicant- Dr. Seema Agrawal in the two connected matters and Sri Ram Prakash Shukla, learned counsel appearing for the State in all the three matters and perused the records. 3. The Application U/S 482 No. 27068 of 2023 has been filed by the applicant- Dr. Ashish Agrawal, with the prayer to quash the entire proceeding as well as charge- sheet dated 24.12.2019 & cognizance order dated 18.02.2020 in Case No. 3393 of 2020 arising out of Case Crime No. 0751 of 2019, under Sections 323, 504, 506
I.P.C., Police Station Sigra, District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi. It is further prayed that this Hon'ble Court may please to direct the court below to consider the bail application of the Application on same day on which it is before the court below or else he shall suffer irreparable loss and injury. 4. The Application U/S 482 No. 39058 of 2024 has been filed by the applicant- Dr. Seema Agrawal, with the prayer to quash the entire proceeding in Complaint Case No. 83 of 2021, under Sections 323, 504, 506, 120B, 427 & 500 I.P.C., Police Station Sigra, District Varanasi arising out of 156 (3) application no. 7/2020, pending in the court of Additional Chief Judicial Magistrate-5, Varanasi. 5. The Application U/S 482 No. 40361 of 2024 has been filed by the applicant- Dr.
Seema Agrawal, with the prayer to to quash the entire proceeding in Complaint Case No. 14980 of 2020 (Dr. Ashish Vs. Dr. Seema), under Section 420 I.P.C., Police Station Behlupur, District Varanasi, pending in the court of Additional Chief Judicial Magistrate-3, Varanasi. 6. These three application under Section 482 Cr.P.C. are connected together as they arise out of dispute between the same parties. 7. The Application U/S 482 No. 27068 of 2023 along with the connected matters was placed before Hon'ble The Chief Justice for nomination and the same have been nominated to this Bench vide the order dated 10.12.2024. 8. The matters are thus being decided together by this common order. 9. The dispute between the parties is matrimonial in nature. Dr. Ashish Agrawal, the applicant in the leading matter is the husband and Dr. Seema Agrawal, the applicant in two connected matters is the wife. It is common ground between learned counsels for the parties that the parties have settled their dispute amicably outside the Court. It is further submitted that the marriage between the parties also stands dissolved by the judgement & order dated 18.09.2024 passed by the Additional Principal Judge, Family Court No.3, Varanasi passed in Case No. 1411 / 2023 (Dr. Ashish Agrawal Vs. Dr. Seema Agrawal) under Section 13-B of the Hindu Marriage Act. It is further common ground between the parties that now no dispute remains pending between the parties which was the subject matter of the present three petitions. It is thus jointly prayed that the proceedings in the matters be quashed. 10. The applications under Section 320 Cr.P.C. moved in the matters have been placed before the Court which are annexed as Annexure-SA-2 to the supplementary affidavit dated 29.09.2024 filed in Criminal Misc. Application U/S 482 No. 27068 of 2023 by the opposite party no.2. 11. Learned counsel for the State has also been heard. 12.
Since the dispute between the parties was matrimonial in nature and the same has been settled, the three petitions are allowed. 13. The proceedings in the aforesaid cases are hereby quashed. Order Date :- 18.2.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad