ANKIT KULSHRESTH AND 2 OTHERS v. STATE OF U.P.AND ANOTHER
A482/21258/2021 · 2025-02-10
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39874 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39874 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20806 Court No. - 74 Case :- APPLICATION U/S 482 No. - 21258 of 2021 Applicant :- Ankit Kulshresth And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Avanish Kumar Shukla,Mithilesh Kumar Shukla Counsel for Opposite Party :- Ashutosh Pandey,G.A.,Rajendra Kumar Srivastava Hon'ble Vikas Budhwar,J.
1. Heard Shri Mithilesh Kumar Shukla, learned counsel for the applicants, Shri S.K. Singh, learned AGA for the State and Shri Sudhir Kumar Shukla, Advocate holding brief of Shri Rajendra Kumar Srivastava, learned counsel for the opposite party No.2.
2. This Court on 04.12.2021, proceeded to pass the following
order:
"Heard learned counsel for the applicant and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 10.03.2021 and cognizance order dated 12.04.2021 as well as the entire proceedings of Case No. 5971 of 2021 (State Vs. Ankit Kulshreshth and others), arising out of Case Crime No. 642 of 2020, under Sections- 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Jagdishpura, District- Agra, pending in the court of Judicial Magistrate, Court No.1, Agra. At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably. It is directed that applicant shall deposit a sum of Rs. 30,000 /- within two weeks from today with the Mediation Centre of which Rs. 25,000 /- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs. 5,000 /- shall be retained by the mediation center towards its expenses. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties. It is directed that Mediation Centre shall proceed in the matter expeditiously
preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench. Subject to the applicant depositing the amount of Rs. 30,000 /- as above, till the next date of listing, further proceedings against the applicant in the aforesaid case shall be kept in abeyance. After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. "
3. However, thereafter mediation stood failed. However, parties out of the court stood compromised and a compromise counter affidavit is available on record filed by opposite party No.2 sworn on 24.09.2024 wherein paragraph No. 3, it has been stated that the compromise has been entered into between the parties and the proceedings under Section 13-B of the Hindu Marriage Act resulted in a decree. 4.
Learned counsel for the opposite party No. 2 and learned counsel for the State do not dispute the said fact rather they admit the said fact and according to them, proceedings be quashed. 5. Considering the fact that the applicants as well as opposite party No.2 are before this Court and the proceeding is relatable to Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, the application stands allowed. 6. In view of the above, the entire proceedings of Case No. 5971 of 2021 (State Vs. Ankit Kulshreshth and others), arising out of Case Crime No. 642 of 2020, under Sections- 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Jagdishpura, District- Agra, pending in the court of Judicial Magistrate, Court No.1, Agra are hereby quashed.
Order Date :- 10.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad