Yuvraj Verma v. State of U.P. Thru. Prin.Secy. Home Deptt. and Another

Court No. - 29 Case :- APPLICATION U/S 482 No. - 2410 of 2024 Applicant :- Yuvraj Verma Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Another Counsel for Applicant :- Hemant Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Heard Shri Hemant Tripathi, learned counsel for the applicant, Shri Vaibhav Saxena, learned counsel for the opposite party No.2 and Shri Girjesh Kumar Dwivedi, learned A.G.A. for the State. The application U/S 482 Cr.P.C. has been filed by the applicant to quash the proceedings of the impugned charge-sheet No. 01/2023 dated 12.09.2023 filed in F.I.R. No.319 of 2023 under Sections 498A IPC and Sections 3/4 of the Dowry Prohibition Act, Police Station-Madhoganj, District-Hardoi, pending in the court of learned Additional Chief Judicial Magistrate, Court No.4, Hardoi as well as criminal proceedings of Case Crime No.38954 of 2023. Shri Hemant Tripathi, learned counsel for the applicant and Shri Vaibhav Saxena, learned counsel for the opposite party No.2 submit that the criminal proceedings arise out of a matrimonial dispute. The parties have amicably resolved their differences and have arrived at a compromise. The compromise has been reduced to writing and duly executed by the parties. The compromise has also been duly verified by the learned trial court in terms of the order dated

12.01.2024 appended as Annexure-5 to the application. The aforesaid facts could not be disputed by the learned A.G.A. and are borne out from the records. Continuance of criminal proceedings in these circumstances will be an exercise in futility as there is no possibility of conviction of the applicants. Further the proceedings will entail wastage of precious judicial time and create bad blood between the parties. No useful purpose would be served by keeping the application pending. In the wake of the aforesaid, the impugned charge-sheet No. 01/2023 dated 12.09.2023 filed in F.I.R. No.319 of 2023 under Sections 498A IPC and Sections 3/4 of the Dowry Prohibition Act, Police Station-Madhoganj, District-Hardoi, pending in the court of learned Additional Chief Judicial Magistrate, Court No.4, Hardoi as well as criminal proceedings of Case Crime No.38954 of 2023 are quashed. The Application U/S 482 Cr.P.C. is allowed. Order Date :- 14.3.2024 Ashish Tripathi High Court of Judicature at Allahabad, Lucknow Bench