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2026 DAILYLAW 13224 (ALL)

AMIT AGARWAL v. STATE OF U.P. AND ANOTHER

A482/37919/2024 · 2026-09-30

Prashant Mishra I

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 37919 of 2024 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. 1. Heard Mr. Ajay Kumar Pathak, learned counsel for the applicant, learned A.G.A. representing the State and Mr. Sudhir Mehrotra, learned counsel for opposite party No. 2. 2. Prayer of the applicant in the instant application is quoted herein below: "It is therefore Most Respectfully prayed that this Hon'ble court may graciously be pleased to allow this application, and further be pleased to set-aside the impugned order dated 7.10.2024 passed by Civil Judge (Junior Division) F.T.C. -2 Hathras in case No. 820 of 2022 (Smt. Gunjan Agarwal Vs. Amit Agarwal and others) under section 19 of the Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali Hathras, District Hathras. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of the order dated 7.10.2024 passed by Civil Judge (Junior Division) F.T.C. -2 Hathras in case No. 820 of 2022 (Smt. Gunjan Agarwal Vs. Amit Agarwal and others) under section 19 of the Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali Hathras, District Hathras, during the pendency of the present case before this Hon'ble Court. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case." 3. Learned counsel for the applicant and learned counsel for opposite party No. 2 jointly drew the attention of this Court on the orders dated 03.11.2025 and 15.12.2025 passed by the co-ordinate Bench of this Court. In the order Versus Counsel for Applicant(s) : Ajay Kumar Pathak Counsel for Opposite Party(s) : Sudhir Mehrotra, Suyash Mehrotra, G.A. Amit Agarwal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) dated 03.11.2025, learned counsel for the applicant submitted that the applicant would deposit an amount of Rs. 10,00,000/- with the Registrar General of this Court within ten days from the date of order and the remaining amount of Rs. 14,00,000/- would be deposited with the Registrar General of this Court within one month thereafter. Vide the order dated 15.12.2025, co-ordinate Bench of this Court observed that the amount deposited by the applicant would be released on completion of divorce proceedings and filing of the divorce decree before this Court and withdrawal/ quashing of the other proceedings. Opposite party No. 2, in her affidavit dated 30.03.2026, has filed the judgement dated 07.01.2026 delivered by the Principal Judge, Family Court, Hathras, whereby the joint petition/application under Section 13B of Hindu Marriage Act of the petitioners/applicants was accepted and their marriage stood dissolved by the said judgement/order/decree. In all the other cases also it is apprised by the learned counsel for opposite party No. 2 that opposite party No. 2 now has no grievance against the accused-applicant and she has settled all the disputes before the concerned courts. The relevant papers regarding such proceedings have been filed by learned counsel for opposite party No. 2 along with the aforesaid affidavit dated 30.03.2026 filed in support of this application. Lastly it is jointly submitted by learned counsel for the applicant and learned counsel for opposite party No. 2 that no fruitful purpose would be served if the proceedings of the aforesaid complaint case is allowed to go on. 4. Learned Additional Government Advocate submits that both the parties have settled their dispute, hence, there is no reason to proceed further. 5. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the learned counsel for the parties, this Court is of the considered opinion that since all the matters pending between the accused-applicant and opposite party No. 2 have now been settled, no useful purpose would be served by prolonging the proceedings of the above mentioned case. 6. Accordingly, impugned order dated 07.10.2024 passed by learned Civil Judge (Junior Division) F.T.C.-2, Hathras in Case No. 820 of 2022 (Smt. Gunjan Agarwal Vs. Amit Agarwal and others), under Section 19 of the A482 No. 37919 of 2024 2 Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali Hathras, District Hathras as well as the entire proceedings of aforesaid Case No. 82 of 2022 (Smt. Gunjan Agarwal Vs. Amit Agarwal and others), is hereby quashed. 7. The amount as deposited with the Registrar General of this Court by the applicant, in compliance of the orders of the co-ordinate Bench of this Court dated 03.11.2025 and 08.12.2025, shall be released in favour of opposite party No. 2-Smt. Gunjan Agarwal, by way of bank draft within a period of one month from today. 8. With the aforesaid observations and directions, the instant application under Section 482 Cr.P.C. is hereby allowed. October 1, 2026 Kashifa A482 No. 37919 of 2024 3 (Prashant Mishra-I,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad