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2025 DAILYLAW 90139 (ALL)

PAWAN KESARWANI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/32475/2025 · 2025-10-12

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32475 of 2025 Court No. - 79 (SL No.82) HON'BLE ANISH KUMAR GUPTA, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Ashish Dwivedi, learned counsel for the applicants, Sri Shivam Dubey, learned counsel for the opposite party no.2 and Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State. 3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 17.03.2023 as well as impugned cognizance/summoning order dated 20.05.2023 passed in Criminal Case No. 1234 of 2023 (State vs. Pawan Kesarwani and Others), arising out of Case Crime No. 211 of 2022 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Manda, District- Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 10, Allahabad. 4. Learned counsel of the applicants submits that the applicant no. 1 is the husband of the daughter of the opposite party no.2. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. Subsequently, during the pendency of the aforesaid case, the parties have settled their disputes amicably and a compromise was executed between the applicants and the opposite party no.2 and the daughter of the opposite party no.2 on 07.08.2025. On the basis of the said compromise, the instant application was filed seeking quashing of the entire proceedings of the instant case. Versus Counsel for Applicant(s) : Ashish Dwivedi Counsel for Opposite Party(s) : G.A., Shivam Dubey Pawan Kesarwani And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Vide order dated 28.08.2025, the Co-ordinate Bench of this Court has directed the parties to appear before the trial court concerned for verification of the compromise executed between them. In terms of the said order the parties have appeared before the trial court concerned on 10.09.2025 and in presence of the parties, the compromise arrived at between the parties was duly verified by the trial court. A report in this regard has been sent by the Additional Chief Judicial Magistrate, Prayagraj, on 11.09.2025, which is available on record. Learned counsel for the applicant has also filed the supplementary affidavit bringing on record the certified copy of the order dated 10.09.2025 verifying the compromise executed between the parties. In view of the aforesaid facts, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case against the applicants herein. 6. Learned counsel for opposite party no.2 admits the aforesaid facts regarding execution of compromise and its verification as well. He also supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties. 7. Sri Akhilesh Kumar Srivastava, learned AGA, looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein. 8. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that opposite party no.2 has filed an application under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. Thereafter, the matter was investigated and charge-sheet was filed. Vide order dated 20.05.2023, the applicants herein were summoned for the aforesaid offenses by the Additional Chief Judicial Magistrate, Allahabad. Subsequent thereto, the parties have settled their disputes on 07.08.2025 and the instant application was filed. As per the order passed by this Court on 28.08.2025, the parties have appeared before the trial court for verification of compromise which has been accordingly verified by the trial court vide order dated 10.09.2025 and a report in this regard has been submitted. 9. Since it was a matrimonial dispute between the parties, which has been amicably settled and the compromise executed has been verified by the trial court, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment of the NA528 No. 32475 of 2025 2 Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in Criminal Case No. 1234 of 2023 (State vs. Pawan Kesarwani and Others), arising out of Case Crime No. 211 of 2022 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Manda, District- Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 10, Allahabad, are hereby quashed. October 13, 2025 Shubham Arya NA528 No. 32475 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad