SMT. INDU WADHWA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/46213/2023 · 2025-08-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63683 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63683 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:140761 Court No. - 77 Case :- APPLICATION U/S 482 No. - 46213 of 2023 Applicant :- Smt. Indu Wadhwa And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudeep Harkauli Counsel for Opposite Party :- G.A.,Rajesh Kumar Yadav,Vishwanath Mishra Hon'ble Saurabh Srivastava,J.
1. Heard Sri Sudeep Harkauli, learned counsel for the applicants, learned A.G.A. for the State and Sri Vishwanath Mishra, learned counsel for victim/opposite party no.2, who is also informant in the instant matter. 2. The instant application has been preferred for quashing the entire proceedings of Case No.32591 of 2023, arising out of Case Crime No.480 of 2022, under sections 498A, 323, 504, 506 I.P.C. and sections 3/4 of D.P. Act, P.S. Cantt., District- Gorakhpur, pending in the court of learned Chief Judicial Magistrate, Gorakhpur, including the charge-sheet no.26/2023 dated
30.01.2023. 3. At the very outset, learned counsel for applicants submitted that although the F.I.R. has been registered at Case Crime No.480 of 2022, wherein the applicants have been implicated, i.e., sister-in- law, mother-in-law and husband of the victim respectively; wherein proper inquiry has been conducted by concerned investigating officer, which culminated into preferring charge- sheet, whereupon cognizance of offence has been taken up on dated 31.03.2025, through which applicants have been summoned, which arises cause of action in favour of applicants for filing instant application, wherein the interim protection has already been granted vide order dated 16.01.2024. 4. During the pendency of instant application, all the parties entered into a compromise, which has been reduced in writing on dated 30.01.2024 and the same has been preferred at the time of preferring counter affidavit at the behest of opposite party no.2, which is available in the records. 5.
When the matter has been taken up today, learned counsel for
the parties informed that respected parties are also available in the Court and they are personally confirming the compromise, which has been entered by both the parties and no useful purpose shall be served by way of keeping the matter pending and directing the parties to get the same verified before learned court concerned, hence in presence of both the parties, who have already been identified before respective learned counsel, compromise entered by both the parties are hereby verified and as such no cause of action survives for prosecution to initiate the matter in shape of Case No.32591 of 2023, arising out of Case Crime No.480 of 2022, under sections 498A, 323, 504, 506 I.P.C. and sections 3/4 of D.P. Act, P.S. Cantt., District- Gorakhpur before learned court concerned. 6. In view of aforementioned facts and circumstances, the entire proceedings initiated in shape of Case No.32591 of 2023, arising out of Case Crime No.480 of 2022, under sections 498A, 323, 504, 506 I.P.C. and sections 3/4 of D.P. Act, P.S. Cantt., District- Gorakhpur, pending in the court of learned Chief Judicial Magistrate, Gorakhpur, including the charge-sheet no.26/2023 dated 30.01.2023, are hereby quashed and set-aside. 7. The instant application stands allowed accordingly. 8. However, it is made clear that since the compromise has already been verified without payment of mediation charges and as such Rs.10,000/- be deposited within 48 hours by applicants through online and the same shall be verified by learned counsel for applicants. Order Date :- 18.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad