Sunny Kumar & Anr. v. State Of U.P. Thru. Prin. Secy. Home Lko

Vakalatnama filed by Sri G.M. Kamil on behalf of opposite party no.2 is taken on record. The opposite party no.2 is also present before this Court.

Heard learned counsel for applicants; the learned A.G.A. for State; learned counsel for opposite party no.2 and perused the record.

The present application under Section 482 CrPC is filed with the following prayer : the charge-sheet No.1/2022 and "To quash summoning/cognizance order dated 13.09.2022, passed by the learned Additional Chief Judicial Magistrate, Vth, Lucknow as well as entire criminal proceeding of Criminal Case No.126845 of 2022 (State Vs. Sunny Kumar and others), arising out of Case Crime No. 0296 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, 1961, police station Ashiyana, district Lucknow. "

Learned counsel for applicants submits that marriage of applicant no.1 was solemnized with opposite party no.2 on 13.07.2016. The first information report of present case in question was lodged on 18.07.2021 by the opposite party no.2 and thereafter charge-sheet was submitted by the Investigating OfÏcer. He further submitted that during the pendency of trial of the case in question, divorce petition under Section 13-B of Hindu Marriage Act, 1955 bearing no.1736 of 2023 (Smt. Archana Kumari Singh Vs. Sanni Kumar) was filed by wife (opposite party no.2) and husband (applicant no.1), which was allowed vide order dated 07.03.2024. Learned counsel for applicants submitted that since the issue has already been resolved between the parties therefore, the present criminal proceedings may be quashed.

Learned A.G.A. for State as well as learned counsel for complainant has no objection to the prayer made by the learned counsel for applicants. The opposite party no.2, who is present before this Court, has also stated that since issue has already been resolved between the parties and the divorce petition under Section 13-B of Hindu Marriage Act filed on mutual consent by the parties has been allowed by the court below therefore, she has no objection in case the present criminal proceeding is quashed.

Considering the submissions of learned counsel for the parties, contents of the afÏdavit filed in support of present application as well as the order passed by the Additional Principal Judge, Family Court, Court No.6, Lucknow in petition under Section 13-B of Hindu Marriage Act as also the statement of the opposite party no.2 made by opposite party no.2 before this Court, this Court is of the view that since the genesis of the prosecution was matrimonial dispute and the issue has already been resolved and they have decided to live separately by way of divorce therefore, this Court finds that no useful purpose shall be served in keeping this application pending.

The ofÏce is directed to handover the amount of Rs.35,000/- (thirty five thousand) deposited by the petitioners to the opposite party no.2 forthwith.

The order dated 07.02.2025 passed by this Court related to issuance of bailable warrant against the S.H.O. of police station Asiyana, district Lucknow is hereby recalled. Order Date :- 27.2.2025. Rks. RAJESH KUMAR SINGH RAJESH KUMAR SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench