✦ High Court of India · 09 Oct 2025

Amit Kumar Singh v. Stat e of U.P.), was filed by the husband, Amit Kumar Singh, in which

Case Details High Court of India · 09 Oct 2025

1. Vakalatnama has been filed by Sri Hari Keshav, on behalf of the opposite party no.2, in the Registry.

2. Heard Sri Vipin Kumar Singh, learned counsel for the applicant, Sri Hari Keshav, learned counsel for the opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State.

3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Sessions Trial No. 389 of 2023 (State vs. Harishankar and Others) and connected with S.T. No. 829 of 2023 (State vs. Madhu Singh) arising out of Case Crime No. 785 of 2017 under Sections 498A, 323, 504, 506, 313 I.P.C. and 3/4 D.P. Act, Police Station- Shivpur, District- Varanasi, pending in the court of learned Additional Sessions Judge, Court No. 7, Varanasi, on the basis of compromise.

4. Learned counsel of the applicants submits that the opposite party no.2 is the wife of applicant no.3 herein. There was a matrimonial dispute between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. Learned counsel of the applicants further discloses that earlier the applicants had filed the Application under Section 482 Cr.P.C. No. 1283 of 2022, which was disposed of by this Court vide order dated 30.08.2022. Thereafter, in the proceedings arising out of Section 127 of the Cr.P.C., a Criminal Revision No. 2022 of 2024 (Amit Kumar Singh vs. Stat e of U.P.), was filed by the husband, Amit Kumar Singh, in which the matter was referred to the Mediation Centre before this Court. Before the Mediation Centre on 24.09.2025, the parties have settled all their disputes amicably. The applicant no.3 has agreed to pay a sum of Rs.20,00,000/- to the opposite party no.2 as full and final settlement against all the claims of the opposite party no.2 and the parties had agreed to get dispose of all the cases pending against each other. Out of the 2 NA528 No. 39289 of 2025 said amount, the sum of Rs. 9,50,000/- has already been paid to the opposite party no.2 and a petition under Section 13B of Hindu Marriage Act being Matrimonial Case No. 1737 of 2025 has already been filed and the remaining amount of Rs. 10,50,000/- is to be paid to the opposite party no.2 at the time of final disposal of the said petition. In view of the aforesaid compromise and settlement arrived at between the parties before Mediation and Conciliation Centre, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case in term of the said compromise/settlement.

5. Learned counsel for the opposite party no.2 does dispute the aforesaid facts and admits the settlement before the Mediation Centre. Copy thereof, has been annexed as Annexure '6' to the instant application. Learned counsel for opposite party no.2 further supports the prayer for quashing of the entire proceedings against the applicants herein.

6. Ms. Harshita Rani, learned AGA, looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.

7. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the applicant no.3 is the husband of the opposite party no.2. There was some matrimonial discord between the parties due to which the F.I.R. being Case Crime No. 785 of 2017 was lodged by the opposite party no.2 against the applicants along with various other cases. In the said fact, the charge-sheet was filed and the cognizance was taken against the applicants on 06.06.2018. Though, an earlier Application under 482 Cr.P.C. No. 1283 of 2022 was filed by the applicants, which was disposed of vide order dated 30.08.2022, however, in view of the subsequent development and settlement of all matrimonial disputes in Criminal Revision Petition No. 2022 of 2024 (Amit Kumar Singh vs. State of U.P. and Another), which was arising out of the Section 127 Cr.P.C. petition filed by the opposite party no.2, parties have been settled all their disputes amicably and agreed to withdraw all the cases. The petition under Section 13B of the Hindu Marriage Act, has already been filed. Part payment in terms of the compromise has already been paid to the opposite party no.2. In view of the facts and circumstances of the case, no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants herein in the instant case. With the aforesaid settlement peace will prevail not only in families of the parties but also in the society.

8. Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant 3 NA528 No. 39289 of 2025 application is allowed and the entire proceedings in Sessions Trial No. 389 of 2023 (State vs. Harishankar and Others) and connected with S.T. No. 829 of 2023 (State vs. Madhu Singh) arising out of Case Crime No. 785 of 2017 under Sections 498A, 323, 504, 506, 313 I.P.C. and 3/4 D.P. Act, Police Station- Shivpur, District- Varanasi, pending in the court of learned Additional Sessions Judge, Court No. 7, Varanasi, are hereby quashed. October 9, 2025 Shubham Arya (Anish Kumar Gupta,J.) SHUBHAM ARYA High Court of Judicature at Allahabad

1. Vakalatnama has been filed by Sri Hari Keshav, on behalf of the opposite party no.2, in the Registry.

2. Heard Sri Vipin Kumar Singh, learned counsel for the applicant, Sri Hari Keshav, learned counsel for the opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State.

3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Sessions Trial No. 389 of 2023 (State vs. Harishankar and Others) and connected with S.T. No. 829 of 2023 (State vs. Madhu Singh) arising out of Case Crime No. 785 of 2017 under Sections 498A, 323, 504, 506, 313 I.P.C. and 3/4 D.P. Act, Police Station- Shivpur, District- Varanasi, pending in the court of learned Additional Sessions Judge, Court No. 7, Varanasi, on the basis of compromise.

4. Learned counsel of the applicants submits that the opposite party no.2 is the wife of applicant no.3 herein. There was a matrimonial dispute between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicants herein. Learned counsel of the applicants further discloses that earlier the applicants had filed the Application under Section 482 Cr.P.C. No. 1283 of 2022, which was disposed of by this Court vide order dated 30.08.2022. Thereafter, in the proceedings arising out of Section 127 of the Cr.P.C., a Criminal Revision No. 2022 of 2024 (Amit Kumar Singh vs. Stat e of U.P.), was filed by the husband, Amit Kumar Singh, in which the matter was referred to the Mediation Centre before this Court. Before the Mediation Centre on 24.09.2025, the parties have settled all their disputes amicably. The applicant no.3 has agreed to pay a sum of Rs.20,00,000/- to the opposite party no.2 as full and final settlement against all the claims of the opposite party no.2 and the parties had agreed to get dispose of all the cases pending against each other. Out of the 2 NA528 No. 39289 of 2025 said amount, the sum of Rs. 9,50,000/- has already been paid to the opposite party no.2 and a petition under Section 13B of Hindu Marriage Act being Matrimonial Case No. 1737 of 2025 has already been filed and the remaining amount of Rs. 10,50,000/- is to be paid to the opposite party no.2 at the time of final disposal of the said petition. In view of the aforesaid compromise and settlement arrived at between the parties before Mediation and Conciliation Centre, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case in term of the said compromise/settlement.

5. Learned counsel for the opposite party no.2 does dispute the aforesaid facts and admits the settlement before the Mediation Centre. Copy thereof, has been annexed as Annexure '6' to the instant application. Learned counsel for opposite party no.2 further supports the prayer for quashing of the entire proceedings against the applicants herein.

6. Ms. Harshita Rani, learned AGA, looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.

7. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the applicant no.3 is the husband of the opposite party no.2. There was some matrimonial discord between the parties due to which the F.I.R. being Case Crime No. 785 of 2017 was lodged by the opposite party no.2 against the applicants along with various other cases. In the said fact, the charge-sheet was filed and the cognizance was taken against the applicants on 06.06.2018. Though, an earlier Application under 482 Cr.P.C. No. 1283 of 2022 was filed by the applicants, which was disposed of vide order dated 30.08.2022, however, in view of the subsequent development and settlement of all matrimonial disputes in Criminal Revision Petition No. 2022 of 2024 (Amit Kumar Singh vs. State of U.P. and Another), which was arising out of the Section 127 Cr.P.C. petition filed by the opposite party no.2, parties have been settled all their disputes amicably and agreed to withdraw all the cases. The petition under Section 13B of the Hindu Marriage Act, has already been filed. Part payment in terms of the compromise has already been paid to the opposite party no.2. In view of the facts and circumstances of the case, no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants herein in the instant case. With the aforesaid settlement peace will prevail not only in families of the parties but also in the society.

8. Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant 3 NA528 No. 39289 of 2025 application is allowed and the entire proceedings in Sessions Trial No. 389 of 2023 (State vs. Harishankar and Others) and connected with S.T. No. 829 of 2023 (State vs. Madhu Singh) arising out of Case Crime No. 785 of 2017 under Sections 498A, 323, 504, 506, 313 I.P.C. and 3/4 D.P. Act, Police Station- Shivpur, District- Varanasi, pending in the court of learned Additional Sessions Judge, Court No. 7, Varanasi, are hereby quashed. October 9, 2025 Shubham Arya (Anish Kumar Gupta,J.) SHUBHAM ARYA High Court of Judicature at Allahabad

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