Smt. Ritu Agarwal v. State Of U.P. Thru Principal Sec. Home And Another

"1. Hard copy of the petition/application alongwith supplementary affidavit placed before this Court by learned counsel for the applicant is taken on record.

2. Heard learned counsel for the applicant and learned A.G.A. for the State.

3. This application has been filed with the following prayer:- "To quash the charge-sheet dated 29.12.2024 filed u/s 323, 504, 506 I.P.C. arising out of Case Crime No. 568 of 2024, Police Station- P.G.I., Lucknow and to quash the impugned cognizance order dated 07.03.2025 as well as entire consequential proceedings of Crl. Case No. 23221 of 2025."

4. Learned counsel for the applicant submits that marriage of the applicant was solemnized with the private respondent who is Public Relation Officer of State Cabinet Minister, and out of their wedlock, one child was born, who is now aged about 2.5 years. Prior to the date of marriage, the applicant was working as a content writer, but after marriage, she left her job for taking care of her family. It is further submitted that the private respondent misused his position and lodged the impugned F.I.R. No. 568 of 2024 u/s 323, 504, 506 I.P.C. at Police Station- P.G.I., District- Lucknow East (Commissionerate Lucknow) on 15.08.2024, on which, the charge-sheet was submitted by the Investigating officer on 29.12.2024 without considering the evidence provided by the applicant in accordance with Para 107 of U.P. Police Regulation. It is next submitted that as the private respondent was victimizing the applicant under compelling circumstances, she filed an F.I.R. on 02.12.2024 bearing Case Crime No. 417 of 2024 u/s 85, 89, 352, 351(2), 316(2), 115(2) B.N.S. and Section 3/4 of D.P. Act at Police Station- Delhi Gate, District- Aligarh, on which, final report was 2 A482 No. 9164 of 2025 submitted by the Investigating Officer on 24.05.2024. It is also submitted that the applicant also filed a Complaint Case no. 396 of 2025 u/s 12 of D.V. Act before learned Additional Chief Judicial Magistrate-III, Aligarh on 08.01.2025, which is pending. The applicant has also filed an application u/s 144 B.N.S.S. before the competent Court for maintenance for herself and her child. The private respondent has filed Regular Suit No. 3263 of 2024 u/s 13 of Hindu Marriage Act, which has been transferred under the order of this Court to learned Principal Judge, Family Court, Lucknow. It is vehemently submitted that statements of the eye-witnesses recorded u/s 161 Cr.P.C. are contrary to each other, even then, the charge-sheet was submitted by the Investigating Officer only at the behest of the private respondent. Relying on the decision of Hon'ble Supreme Court in the case of Ramesh Chandra Vaishya Vs. State of U.P. & Anr. reported in SLP (Crl.) No. 1249 of 2023, learned counsel for the applicant requests for indulgence of this Court.

5. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that the prosecution in question is a result of some matrimonial dispute.

6. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that genesis of the prosecution in question is matrimonial dispute and possibility of settlement cannot be ruled out. It is evident from the record that the impugned F.I.R. has been lodged against the applicant as well as three other persons, on which, the charge-sheet has been submitted against the applicant and Gaurav Upadhayay, but as no connection of the private respondent was found with Nikhil and Prashant, their names were dropped.

7. In view of above, the matter requires consideration.

8. Issue notice to the private respondent.

9. List this case on 27.11.2025.

10. On the next date, the applicant and the private respondent shall appear in person before this Court.

11. Station House Officer, Police Station- P.G.I., District- Lucknow shall ensure presence of the private respondent before this Court on the next date of listing.

12. Until further order, the impugned proceedings shall remain stayed."

27.11.2025 "1. Heard Sri Aditya Vikram Singh, learned counsel for the applicant and learned A.G.A. for the State.

2. In pursuance of earlier order of this Court dated 04.11.2025, applicant and private respondent are present before this Court. It was observed in the order dated 04.11.2025 that genesis of prosecution in question is matrimonial dispute and possibility of settlement cannot be ruled out, therefore both the parties were required 3 A482 No. 9164 of 2025 to be present before this Court to settle the dispute amicably between them.

3. The applicant present today is ready to settle the dispute amicably but private respondent has refused to settle the matter through the process of mediation.

4. List this matter on 15.12.2025. On that date, applicant and private respondent shall appear before this Court.

5. Interim order, if any, is extended till the next date of listing."

2. In pursuance of the aforesaid order, applicant as well as respondent no. 2 are present before this Court and have been duly identified by their counsel.

3. Learned counsel for the applicant submits that there is every possibility that the matter can be resolved, in case, the matter is sent to the Mediation Center of this Court.

4. Learned A.G.A. has no objection to the same.

5. Respondent no. 2, who is present, categorically states that he has no objection, in case, the matter is sent to Mediation & Conciliation Center of this Court.

6. Considering the submissions advanced by the learned counsel for the applicant, learned A.G.A. as well as consent given by respondent no. 2, it is appropriate to send the matter to the Mediation & Conciliation Center of this Court.

7. Applicant and respondent no. 2 are directed to appear before the Mediation & Conciliation Center along with their original I.D. on

20.01.2026 at 11.00 a.m.

8. List this case on 16.03.2026 within top 10 cases along with mediation report.

9. Until further orders of this Court, the impugned proceedings shall remain stayed. December 15, 2025 VKS (Rajeev Singh,J.)

"1. Hard copy of the petition/application alongwith supplementary affidavit placed before this Court by learned counsel for the applicant is taken on record.

2. Heard learned counsel for the applicant and learned A.G.A. for the State.

3. This application has been filed with the following prayer:- "To quash the charge-sheet dated 29.12.2024 filed u/s 323, 504, 506 I.P.C. arising out of Case Crime No. 568 of 2024, Police Station- P.G.I., Lucknow and to quash the impugned cognizance order dated 07.03.2025 as well as entire consequential proceedings of Crl. Case No. 23221 of 2025."

4. Learned counsel for the applicant submits that marriage of the applicant was solemnized with the private respondent who is Public Relation Officer of State Cabinet Minister, and out of their wedlock, one child was born, who is now aged about 2.5 years. Prior to the date of marriage, the applicant was working as a content writer, but after marriage, she left her job for taking care of her family. It is further submitted that the private respondent misused his position and lodged the impugned F.I.R. No. 568 of 2024 u/s 323, 504, 506 I.P.C. at Police Station- P.G.I., District- Lucknow East (Commissionerate Lucknow) on 15.08.2024, on which, the charge-sheet was submitted by the Investigating officer on 29.12.2024 without considering the evidence provided by the applicant in accordance with Para 107 of U.P. Police Regulation. It is next submitted that as the private respondent was victimizing the applicant under compelling circumstances, she filed an F.I.R. on 02.12.2024 bearing Case Crime No. 417 of 2024 u/s 85, 89, 352, 351(2), 316(2), 115(2) B.N.S. and Section 3/4 of D.P. Act at Police Station- Delhi Gate, District- Aligarh, on which, final report was 2 A482 No. 9164 of 2025 submitted by the Investigating Officer on 24.05.2024. It is also submitted that the applicant also filed a Complaint Case no. 396 of 2025 u/s 12 of D.V. Act before learned Additional Chief Judicial Magistrate-III, Aligarh on 08.01.2025, which is pending. The applicant has also filed an application u/s 144 B.N.S.S. before the competent Court for maintenance for herself and her child. The private respondent has filed Regular Suit No. 3263 of 2024 u/s 13 of Hindu Marriage Act, which has been transferred under the order of this Court to learned Principal Judge, Family Court, Lucknow. It is vehemently submitted that statements of the eye-witnesses recorded u/s 161 Cr.P.C. are contrary to each other, even then, the charge-sheet was submitted by the Investigating Officer only at the behest of the private respondent. Relying on the decision of Hon'ble Supreme Court in the case of Ramesh Chandra Vaishya Vs. State of U.P. & Anr. reported in SLP (Crl.) No. 1249 of 2023, learned counsel for the applicant requests for indulgence of this Court.

5. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that the prosecution in question is a result of some matrimonial dispute.

6. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that genesis of the prosecution in question is matrimonial dispute and possibility of settlement cannot be ruled out. It is evident from the record that the impugned F.I.R. has been lodged against the applicant as well as three other persons, on which, the charge-sheet has been submitted against the applicant and Gaurav Upadhayay, but as no connection of the private respondent was found with Nikhil and Prashant, their names were dropped.

7. In view of above, the matter requires consideration.

8. Issue notice to the private respondent.

9. List this case on 27.11.2025.

10. On the next date, the applicant and the private respondent shall appear in person before this Court.

11. Station House Officer, Police Station- P.G.I., District- Lucknow shall ensure presence of the private respondent before this Court on the next date of listing.

12. Until further order, the impugned proceedings shall remain stayed."

27.11.2025 "1. Heard Sri Aditya Vikram Singh, learned counsel for the applicant and learned A.G.A. for the State.

2. In pursuance of earlier order of this Court dated 04.11.2025, applicant and private respondent are present before this Court. It was observed in the order dated 04.11.2025 that genesis of prosecution in question is matrimonial dispute and possibility of settlement cannot be ruled out, therefore both the parties were required 3 A482 No. 9164 of 2025 to be present before this Court to settle the dispute amicably between them.

3. The applicant present today is ready to settle the dispute amicably but private respondent has refused to settle the matter through the process of mediation.

4. List this matter on 15.12.2025. On that date, applicant and private respondent shall appear before this Court.

5. Interim order, if any, is extended till the next date of listing."

2. In pursuance of the aforesaid order, applicant as well as respondent no. 2 are present before this Court and have been duly identified by their counsel.

3. Learned counsel for the applicant submits that there is every possibility that the matter can be resolved, in case, the matter is sent to the Mediation Center of this Court.

4. Learned A.G.A. has no objection to the same.

5. Respondent no. 2, who is present, categorically states that he has no objection, in case, the matter is sent to Mediation & Conciliation Center of this Court.

6. Considering the submissions advanced by the learned counsel for the applicant, learned A.G.A. as well as consent given by respondent no. 2, it is appropriate to send the matter to the Mediation & Conciliation Center of this Court.

7. Applicant and respondent no. 2 are directed to appear before the Mediation & Conciliation Center along with their original I.D. on

20.01.2026 at 11.00 a.m.

8. List this case on 16.03.2026 within top 10 cases along with mediation report.

9. Until further orders of this Court, the impugned proceedings shall remain stayed. December 15, 2025 VKS (Rajeev Singh,J.)