Aditya Kesarwani v. State of U.P. and another in which on

1. Heard Sri Prashant Kumar Bhardwaj, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA for the State.

2. In view of the order, which is being proposed to be passed today, notices are not being issued to the opposite party No. 2.

3. The applicant herein had earlier approached this Court while filing Application U/S 482 No.30761 of 2024, Aditya Kesarwani vs. State of U.P. and another in which on 12.5.2024 the following order was passed:- "1. Supplementary affidavit filed today is taken on record.

2. Heard Shri Prashant Kumar, learned counsel for the applicant and AGA for the State as well as Shri Ashish Kumar (A/A 1274/2012) holding brief of Shri Shailendra Singh, counsel for opposite party no. 2.

3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the summoning order dated 24.07.2024 in Complaint Case No. 84 of 2024 (Divyanshi Gupta vs. Aditya Kesarwani) under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.- Sarai Inayat, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad.

4. This Court entertained the application passing of the order dated 12.09.2024 which is quoted hereinunder: "1. Heard Sri Prashant Kumar Bhardwaj, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. was filed seeking quashing of the summoning order dated 24.07.2024 in Complaint Case No. 84 of 2024 (Divyanshi Gupta vs. Aditya Kesarwani) under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.- Sarai Inayat, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad.

3. Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 55,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no.2 (wife). Out of Rs. 55,000/-, Rs. 25,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs. 25,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

8. Thereafter, the case shall be listed on 17-12-2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicant in pursuance of the summoning order dated 24.07.2024 in Complaint Case No. 84 of 2024 (Divyanshi Gupta vs. Aditya Kesarwani) under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.- Sarai Inayat, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad.

10. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court."

5. There is a report of Allahabad High Court Mediation Committee that mediation completed but there has been no agreement.

6. Today a supplementary affidavit dated 06.05.2024 has been field and attention has been drawn to Annexure-1 at page 6 of the paper book being a compromise dated 06.05.2024, according to which, the parties have entered into compromise and they are living together. Reference of the same has been made in paragraph no. 3 of the supplementary affidavit.

7. Prayer is that the said compromise be directed to be verified and interregnum protection be accorded.

8. Learned AGA as well as counsel for opposite party no. 2. submit that they have no objection to the same.

9. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to approach the Court of learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad while filing the original compromise application and a self- attested copy of the present application and certified copy of the order by 30.05.2025.

10. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification within a period of two months.

11. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of Complaint Case No. 84 of 2024 (Divyanshi Gupta Vs. Aditya Kesarwani) under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, Police Station- Sarai Inayat, District Allahabad, pending before the court of learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad.

12. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.

13. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application."

4. Learned counsel for the applicant has invited attention towards Annexure-8 at page 68 reference whereof has been made in paragraph 24 of the application, the compromise entered into between the parties on 7.5.2025 as well as Annexure-8 at page 67 being the certified copy of the verification order dated 28.5.2025 of the Judicial Magistrate, Court No.2, Sambhal at Chandausi reference whereof in para 22. He thus submits that once the compromise have been entered into between the parties and the same stand verified then nothing remains to be further proceeded with.

5. Learned AGA as well a the counsel for the opposite party No. 2 do not dispute the said fact.

6. Considering the submissions so made across the bar and in the light of the judgement in the case of Gyan Singh vs. State of U.P. 2012 (10) SCC 303 and State of Madhya Padesh vs. Laxmi Narain AIR 2019 (SC) 1296, the Court finds that the present case to be a fit case for quashing of the proceedings.

7. Accordingly, the application is allowed.

8. The proceedings of Complaint Case no.84/2024 (Divyanshi Gupta Versus Aditya Kesarwani) pending in the court of Additional Chief Judicial Magistrate Court No.-6, District Allahabad Police Station- Sarai Inayat, District-Allahabad, during the pendency of present Criminal Misc. application under Section 528 B.N.S.S. be quashed in so far as it relates to the applicant. Order Date :- 7.7.2025 piyush

1. Heard Sri Prashant Kumar Bhardwaj, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA for the State.

2. In view of the order, which is being proposed to be passed today, notices are not being issued to the opposite party No. 2.

3. The applicant herein had earlier approached this Court while filing Application U/S 482 No.30761 of 2024, Aditya Kesarwani vs. State of U.P. and another in which on 12.5.2024 the following order was passed:- "1. Supplementary affidavit filed today is taken on record.

2. Heard Shri Prashant Kumar, learned counsel for the applicant and AGA for the State as well as Shri Ashish Kumar (A/A 1274/2012) holding brief of Shri Shailendra Singh, counsel for opposite party no. 2.

3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the summoning order dated 24.07.2024 in Complaint Case No. 84 of 2024 (Divyanshi Gupta vs. Aditya Kesarwani) under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.- Sarai Inayat, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad.

4. This Court entertained the application passing of the order dated 12.09.2024 which is quoted hereinunder: "1. Heard Sri Prashant Kumar Bhardwaj, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. was filed seeking quashing of the summoning order dated 24.07.2024 in Complaint Case No. 84 of 2024 (Divyanshi Gupta vs. Aditya Kesarwani) under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.- Sarai Inayat, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad.

3. Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way.

5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute.

6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. 55,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no.2 (wife). Out of Rs. 55,000/-, Rs. 25,000/- shall be payable to the opposite party no.2 on her first appearance before the Mediation and Conciliation Centre, Rs. 25,000/- shall be paid to opposite party no.2 on her second appearance or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre.

7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.

8. Thereafter, the case shall be listed on 17-12-2024 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicant in pursuance of the summoning order dated 24.07.2024 in Complaint Case No. 84 of 2024 (Divyanshi Gupta vs. Aditya Kesarwani) under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961, P.S.- Sarai Inayat, District- Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.6, Allahabad.

10. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court."

5. There is a report of Allahabad High Court Mediation Committee that mediation completed but there has been no agreement.

6. Today a supplementary affidavit dated 06.05.2024 has been field and attention has been drawn to Annexure-1 at page 6 of the paper book being a compromise dated 06.05.2024, according to which, the parties have entered into compromise and they are living together. Reference of the same has been made in paragraph no. 3 of the supplementary affidavit.

7. Prayer is that the said compromise be directed to be verified and interregnum protection be accorded.

8. Learned AGA as well as counsel for opposite party no. 2. submit that they have no objection to the same.

9. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to approach the Court of learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad while filing the original compromise application and a self- attested copy of the present application and certified copy of the order by 30.05.2025.

10. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification within a period of two months.

11. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of Complaint Case No. 84 of 2024 (Divyanshi Gupta Vs. Aditya Kesarwani) under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, Police Station- Sarai Inayat, District Allahabad, pending before the court of learned Additional Chief Judicial Magistrate, Court No. 6, Allahabad.

12. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.

13. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application."

4. Learned counsel for the applicant has invited attention towards Annexure-8 at page 68 reference whereof has been made in paragraph 24 of the application, the compromise entered into between the parties on 7.5.2025 as well as Annexure-8 at page 67 being the certified copy of the verification order dated 28.5.2025 of the Judicial Magistrate, Court No.2, Sambhal at Chandausi reference whereof in para 22. He thus submits that once the compromise have been entered into between the parties and the same stand verified then nothing remains to be further proceeded with.

5. Learned AGA as well a the counsel for the opposite party No. 2 do not dispute the said fact.

6. Considering the submissions so made across the bar and in the light of the judgement in the case of Gyan Singh vs. State of U.P. 2012 (10) SCC 303 and State of Madhya Padesh vs. Laxmi Narain AIR 2019 (SC) 1296, the Court finds that the present case to be a fit case for quashing of the proceedings.

7. Accordingly, the application is allowed.

8. The proceedings of Complaint Case no.84/2024 (Divyanshi Gupta Versus Aditya Kesarwani) pending in the court of Additional Chief Judicial Magistrate Court No.-6, District Allahabad Police Station- Sarai Inayat, District-Allahabad, during the pendency of present Criminal Misc. application under Section 528 B.N.S.S. be quashed in so far as it relates to the applicant. Order Date :- 7.7.2025 piyush