Smt. Ratn Priya Shukla @ Ratn Priya Dixit v. State of U.P. Thru. Prin. Secy. Home Lko. and 5 Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11740 of 2023 Applicant :- Smt. Ratn Priya Shukla @ Ratn Priya Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Applicant :- Veer Bahadur Yadav,Ashwini Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present application under Section 482 Cr.P.C. is filed with the prayer to quash the entire proceeding arising out of Case Crime No.0404/2022 under Sections 498-A, 323, 504, 506 I.P.C., and Section 3/4 D.P. Act, Police Station Mill Area, District Raebareli.

¶3Learned counsel for the applicant has submitted that marriage of the applicant no.1 was solemnized with the private respondent but due to some trivial issues, F.I.R. of the case in question was lodged. He further submitted that charge sheet was filed by the Investigating OfÏcer and request was made before the Principal Judge, Family Court, Raebareli for mediation, which is registered as Prelitigation Application No.73/2023 and after mediation, the issue was resolved and the applicant agreed to reside with the her in-laws and presently, she is enjoying her matrimonial life, therefore, she requested for quashing of the impugned proceeding.

¶4Learned A.G.A. has no objection and he also submitted that on the basis of order dated

22.5.2023 passed by the Court of Principal Judge, Family Court, Raebareli, the issued has already been resolved.

¶5Considering the submissions of learned counsel for the parties, going through the record, as the issue has already been resolved in mediation before the Principal Judge, Family Court, Raebareli and there is no possibility of conviction, in such circumstances, this Court is of the view that impugned proceeding is liable to be set aside.

¶6Accordingly, the present application under Section 482 Cr.P.C. is allowed and the impugned proceeding is set aside.

¶7OfÏce is directed to communicate this order to the court below. Order Date :- 2.12.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench