High Court

1. Shri Sharad Dwivedi, Advocate has filed Vakalatnama on behalf of the applicant no.1 in Court, which is taken on record.

2. The applicant no. 1 and the opposite party no. 2 are present before this Court, who have been identified by Shri Sharad Dwivedi, Advocate and Shri Raj Kumar Maurya, Advocate, appearing for the said parties.

3. Heard.

4. The instant application has been filed by the applicants with prayer to quash the entire proceeding of Criminal Case No. 335 of 2024, pending in the Court of learned Chief Judicial Magistrate, Lucknow arising out of F.I.R. No. 335 of 2024 under Sections 504, 506 I.P.C., Police Station- P.G.I., Lucknow, including the charge-sheet no.01 of 2024 and cognizance order/summoning order dated 09.08.2024.

5. Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 22.08.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties.

6. It is stated that the marriage of the applicant no. 1 and the opposite party no. 2 was solemnized on 08.10.2021 and on account of matrimonial discord, on 22.05.2024 the FIR was lodged by the opposite party no. 2, registered as Case Crime No. 335 of 2024 under Sections 504 and 506 I.P.C., Police Station- P.G.I., Lucknow, against his wife/applicant no. 1, the applicant no. 2/maternal mother-in-law (mausi saas) and applicant no.3/father-in-law (sasur) and Mansi @ Munee (sister-in-law) and after investigation, the charge-sheet was filed against applicant nos. 1 to 3.

7. It is also stated that being aggrieved by pending criminal case, the applicants approached this Court and this Court, vide order dated 04.12.2024, referred the matter to the Mediation and Conciliation Centre of this Court.

8. It is also stated that in compliance of order of this Court dated 04.12.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 05.02.2025 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels.

9. The relevant para of settlement agreement 05.02.2025 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That the parties have agreed to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B. That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment to each other and each other's family members. C. That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. D. That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. E. That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. F. That the parties have agreed to withdraw/ not pursue the cases filed by them against each other and their family members and they shall have no objection if the Hon'ble Court decides the cases in terms of this settlement agreement. The details of the cases are as under: a) Case No.335 of 2024 arising out of F.I.R. No.335 of 2024 U/Ss 504, 506 I.P.C., P. S.-P.G.I.. Lucknow pending before learned Chief Judicial Magistrate, Lucknow. b) Case No.288 of 2024 U/s 125 Cr. P. C. pending before Family Court, Orai, District-Jalaun, U. P. c) Complaint Case No.4025 of 2024 U/S 12 of D. V. Act pending befoe CJM, Orai, District-Jalaun, U. P. d) Case No.2798 of 2024 U/S 13A pending before Family Court, Lucknow U. P. G. That the Second Party has agreed that he will not have any objection if the APPLICATION U/s 482 No.9609 of 2024 (Neelam @Neelam Bhalla & Others Vs State of U. P. & Another) emanating from Case No.335 of 2024 arising out of F.I.R. No.335 of 2024 U/Ss 504, 506 LP.C., P. S.-P.G.I., Lucknow pending before learned Chief Judicial Magistrate, Lucknow is decided by the Hon'ble Court in terms of this settlement agreement. H. That the parties have agreed that in addition to the abovementioned cases, if any other case is pending between the parties and/or against any of their family members regarding the disputes between the parties, it shall also be disposed off in terms of this settlement agreement and both the parties agree to co-operate to end all the litigation between the parties and their family members. I. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto. J. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court, hence for contempt of the Court."

10. It is also stated that in view of settlement the proceedings in issue be quashed.

11. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case No. 335 of 2024, quoted above, are hereby quashed qua the applicants.

12. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 4.3.2025 Mohit Singh/-

1. Shri Sharad Dwivedi, Advocate has filed Vakalatnama on behalf of the applicant no.1 in Court, which is taken on record.

2. The applicant no. 1 and the opposite party no. 2 are present before this Court, who have been identified by Shri Sharad Dwivedi, Advocate and Shri Raj Kumar Maurya, Advocate, appearing for the said parties.

3. Heard.

4. The instant application has been filed by the applicants with prayer to quash the entire proceeding of Criminal Case No. 335 of 2024, pending in the Court of learned Chief Judicial Magistrate, Lucknow arising out of F.I.R. No. 335 of 2024 under Sections 504, 506 I.P.C., Police Station- P.G.I., Lucknow, including the charge-sheet no.01 of 2024 and cognizance order/summoning order dated 09.08.2024.

5. Considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 22.08.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties.

6. It is stated that the marriage of the applicant no. 1 and the opposite party no. 2 was solemnized on 08.10.2021 and on account of matrimonial discord, on 22.05.2024 the FIR was lodged by the opposite party no. 2, registered as Case Crime No. 335 of 2024 under Sections 504 and 506 I.P.C., Police Station- P.G.I., Lucknow, against his wife/applicant no. 1, the applicant no. 2/maternal mother-in-law (mausi saas) and applicant no.3/father-in-law (sasur) and Mansi @ Munee (sister-in-law) and after investigation, the charge-sheet was filed against applicant nos. 1 to 3.

7. It is also stated that being aggrieved by pending criminal case, the applicants approached this Court and this Court, vide order dated 04.12.2024, referred the matter to the Mediation and Conciliation Centre of this Court.

8. It is also stated that in compliance of order of this Court dated 04.12.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 05.02.2025 has submitted its report, which has been annexed as 'Annexure- E', wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels.

9. The relevant para of settlement agreement 05.02.2025 is extracted herein-under: "6. The following settlement has been arrived at between the Parties hereto:- A. That the parties have agreed to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B. That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment to each other and each other's family members. C. That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding. D. That the parties have also agreed that no family member of either of the parties will interfere in their peaceful living. E. That both the parties have agreed they shall not indulge in mental or physical cruelty against each other. F. That the parties have agreed to withdraw/ not pursue the cases filed by them against each other and their family members and they shall have no objection if the Hon'ble Court decides the cases in terms of this settlement agreement. The details of the cases are as under: a) Case No.335 of 2024 arising out of F.I.R. No.335 of 2024 U/Ss 504, 506 I.P.C., P. S.-P.G.I.. Lucknow pending before learned Chief Judicial Magistrate, Lucknow. b) Case No.288 of 2024 U/s 125 Cr. P. C. pending before Family Court, Orai, District-Jalaun, U. P. c) Complaint Case No.4025 of 2024 U/S 12 of D. V. Act pending befoe CJM, Orai, District-Jalaun, U. P. d) Case No.2798 of 2024 U/S 13A pending before Family Court, Lucknow U. P. G. That the Second Party has agreed that he will not have any objection if the APPLICATION U/s 482 No.9609 of 2024 (Neelam @Neelam Bhalla & Others Vs State of U. P. & Another) emanating from Case No.335 of 2024 arising out of F.I.R. No.335 of 2024 U/Ss 504, 506 LP.C., P. S.-P.G.I., Lucknow pending before learned Chief Judicial Magistrate, Lucknow is decided by the Hon'ble Court in terms of this settlement agreement. H. That the parties have agreed that in addition to the abovementioned cases, if any other case is pending between the parties and/or against any of their family members regarding the disputes between the parties, it shall also be disposed off in terms of this settlement agreement and both the parties agree to co-operate to end all the litigation between the parties and their family members. I. That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of any dispute arising out of their marriage or any matter incidental thereto. J. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court, hence for contempt of the Court."

10. It is also stated that in view of settlement the proceedings in issue be quashed.

11. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case No. 335 of 2024, quoted above, are hereby quashed qua the applicants.

12. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 4.3.2025 Mohit Singh/-