Sudhir and 2 Others v. State of U.P. Thru. Prin.Secy. Home Deptt. and Another

Court No. - 29 Case :- APPLICATION U/S 482 No. - 2513 of 2024 Applicant :- Sudhir And 2 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Another Counsel for Applicant :- Mithila Bakhsh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Heard Shri Mithila Bakhsh Tiwari, learned counsel for the applicants, Shri Amar Singh, 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 applicants to quash the entire proceedings of Case No.75766 of 2019, Case Crime No.409/2018 under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, Police Station-Kakori, District-Lucknow, pending in the court of learned ACJM Court No.30, Lucknow. The criminal proceedings arise out of a matrimonial dispute. Learned counsel for both the parties contend that the parties have amicably resolved their disputes and effected the compromise. The compromise has been reduced to writing and duly executed by the parties. The compromise has also been duly verified and confirmed by the learned trial court in terms of the order dated 21.11.2023 appended as Annexure-2 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 entire proceedings of Case No.75766 of 2019, Case Crime No.409/2018 under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, Police Station-Kakori, District-Lucknow, pending in the court of learned ACJM Court No.30, Lucknow are quashed. The Application U/S 482 Cr.P.C. is allowed. Order Date :- 15.3.2024 Ashish Tripathi High Court of Judicature at Allahabad, Lucknow Bench