Others v. State Of U.P. Thru. Secy. Home U.P. Lko. And Another

U.P., learned counsel for opposite party no. 2 and perused the record.

2. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 01 dated 20.7.2024 arising out of case crime no.0125 of 2024, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Utraula, District Balrampur as well as cognizance order dated

19.4.2025, passed by Civil Judge/Judicial Magistrate, Utraula, Balrampur (State vs. Ajharuddin & ors).

3. On 24.11.2025, the following order was passed : "1. On 07.11.2025, following order was passed. "1. Case called out on the basis of urgency mentioned in the morning.

2. Learned counsel for the complainant as well as learned A.G.A. are present.

3. None is present on behalf of the applicants, however, illness slip of Ms. Vedika Dwivedi, one of the counsel appearing for the applicants is reported.

4. On 02.07.2025, following order was passed. "1. Heard Ms. Vedika Dwivedi, the learned counsel for the applicants and Sri Mayank Sinha, the learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C./Section 528 B.N.S.S. has been filed by the applicants for quashing of the charge sheet no.1, dated 20.07.2024, cognizance order dated 19.04.2025 along with entire proceedings of Case No.410 of 2025, arising out of Case Crime No.0125 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Utraula, District Balrampur, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Utraula, Balrampur.

3. The aforesaid case has been instituted on the basis of F.I.R. lodged on 28.05.2024 against the petitioners by the opposite party no.2 who is wife of the applicant no.1 stating that all the accused persons used to harass her for demanding dowry and they had turned her out of her matrimonial home on

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4. The submission of the learned counsel for the applicants is that the F.I.R. has been lodged because of the matrimonial dispute between the applicant no.1 and the opposite party no.2, due to which the opposite party no.2 has implicated the entire family of the applicant no.1. He has submitted that there is every possibility of settlement of dispute through the process of mediation. The learned counsel for the applicants has relied upon a decision of Hon'ble Supreme Court in the case of Geeta Mehrotra and another Vs. State of U.P. and anr.:(2012) 10 SCC 741.

5. The matter requires detailed consideration.

6. Issue notice to the opposite party no.2, returnable on 30.07.2025.

7. The learned counsel for the applicants shall take requisite steps within a period of one week.

8. List this case on 30.07.2025 to ascertain the willingness of opposite party no.2 for referral of the matter to the Mediation & Conciliation Centre of this court.

9. As an interim measure, it is provided that till the next date of listing the proceedings of the aforesaid case shall remain in abeyance."

5. Learned counsel for the complainant informs that Shri Himanshu Tiwari, one of the counsel appearing for the applicants was present in the Court in the morning and the fact about urgency mentioned was also informed to him by the learned counsel for the complainant.

6. List this case on 24.11.2025 at 11.30 a.m., on which date, applicant no. 1 and respondent no. 2 shall appear before this Court.

7. Interim order, if any, shall continue till the next date of listing.

8. Applicant no. 1 is further directed to place a demand draft of Rs.25,000/- in favour of respondent no. 2 or cash of the same amount to be given to respondent no. 2, on the next date, failing which, the interim order shall be vacated."

2. In pursuance of the aforesaid order, applicant no. 1 (husband) as well as respondent no. 2 (wife) are present before this Court, who have been duly identified by their respective counsel. The parents of respondent no. 2, namely, Mohd. Umar and Nakeena are also present.

3. After some deliberations, applicant no. 1 states that he is willing to live with private respondent. Respondent no. 2 also categorically states that she also wants to join the company of applicant no. 1.

4. It is also informed that in pursuance of the earlier order, Rs.25,000/- in cash, has also been brought by applicant no. 1 and he has no objection, in case, the said amount is given to respondent no. 2. Accordingly, the amount of Rs.25,000/- is handed over to respondent no. 2.

5. As it is apparent that applicant no. 1 and respondent no. 2 are willing to enjoy their matrimonial life with each other, the impugned proceedings shall remain stayed till the next date of listing.

6. List this case on 10.12.2025.

7. On the next date, applicant no. 1 and respondent no. 2 shall again appear before this Court.

4. Learned counsel the applicants and learned counsel respondents jointly informed that the applicant no.1 Ajharuddin and kismtun are enjoying their matrimonial life, they are living together. Learned counsel for the private respondent also submitted that as the genesis of the prosecution of case in question is a matrimonial dispute as the issue has already been resolved and they are enjoying their matrimonial life, therefore, this court is of the view that the trial of case in question is a futile one accordingly, the entire 3 A482 No. 5235 of 2025 criminal proceeding is hereby, quashed. In case, the applicants try to harass the private respondent then it is always open to the private respondent to file recall application.

5. The present application is allowed. December 10, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

U.P., learned counsel for opposite party no. 2 and perused the record.

2. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no. 01 dated 20.7.2024 arising out of case crime no.0125 of 2024, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Utraula, District Balrampur as well as cognizance order dated

19.4.2025, passed by Civil Judge/Judicial Magistrate, Utraula, Balrampur (State vs. Ajharuddin & ors).

3. On 24.11.2025, the following order was passed : "1. On 07.11.2025, following order was passed. "1. Case called out on the basis of urgency mentioned in the morning.

2. Learned counsel for the complainant as well as learned A.G.A. are present.

3. None is present on behalf of the applicants, however, illness slip of Ms. Vedika Dwivedi, one of the counsel appearing for the applicants is reported.

4. On 02.07.2025, following order was passed. "1. Heard Ms. Vedika Dwivedi, the learned counsel for the applicants and Sri Mayank Sinha, the learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C./Section 528 B.N.S.S. has been filed by the applicants for quashing of the charge sheet no.1, dated 20.07.2024, cognizance order dated 19.04.2025 along with entire proceedings of Case No.410 of 2025, arising out of Case Crime No.0125 of 2024, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Utraula, District Balrampur, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Utraula, Balrampur.

3. The aforesaid case has been instituted on the basis of F.I.R. lodged on 28.05.2024 against the petitioners by the opposite party no.2 who is wife of the applicant no.1 stating that all the accused persons used to harass her for demanding dowry and they had turned her out of her matrimonial home on

15.02.2024. 2 A482 No. 5235 of 2025

4. The submission of the learned counsel for the applicants is that the F.I.R. has been lodged because of the matrimonial dispute between the applicant no.1 and the opposite party no.2, due to which the opposite party no.2 has implicated the entire family of the applicant no.1. He has submitted that there is every possibility of settlement of dispute through the process of mediation. The learned counsel for the applicants has relied upon a decision of Hon'ble Supreme Court in the case of Geeta Mehrotra and another Vs. State of U.P. and anr.:(2012) 10 SCC 741.

5. The matter requires detailed consideration.

6. Issue notice to the opposite party no.2, returnable on 30.07.2025.

7. The learned counsel for the applicants shall take requisite steps within a period of one week.

8. List this case on 30.07.2025 to ascertain the willingness of opposite party no.2 for referral of the matter to the Mediation & Conciliation Centre of this court.

9. As an interim measure, it is provided that till the next date of listing the proceedings of the aforesaid case shall remain in abeyance."

5. Learned counsel for the complainant informs that Shri Himanshu Tiwari, one of the counsel appearing for the applicants was present in the Court in the morning and the fact about urgency mentioned was also informed to him by the learned counsel for the complainant.

6. List this case on 24.11.2025 at 11.30 a.m., on which date, applicant no. 1 and respondent no. 2 shall appear before this Court.

7. Interim order, if any, shall continue till the next date of listing.

8. Applicant no. 1 is further directed to place a demand draft of Rs.25,000/- in favour of respondent no. 2 or cash of the same amount to be given to respondent no. 2, on the next date, failing which, the interim order shall be vacated."

2. In pursuance of the aforesaid order, applicant no. 1 (husband) as well as respondent no. 2 (wife) are present before this Court, who have been duly identified by their respective counsel. The parents of respondent no. 2, namely, Mohd. Umar and Nakeena are also present.

3. After some deliberations, applicant no. 1 states that he is willing to live with private respondent. Respondent no. 2 also categorically states that she also wants to join the company of applicant no. 1.

4. It is also informed that in pursuance of the earlier order, Rs.25,000/- in cash, has also been brought by applicant no. 1 and he has no objection, in case, the said amount is given to respondent no. 2. Accordingly, the amount of Rs.25,000/- is handed over to respondent no. 2.

5. As it is apparent that applicant no. 1 and respondent no. 2 are willing to enjoy their matrimonial life with each other, the impugned proceedings shall remain stayed till the next date of listing.

6. List this case on 10.12.2025.

7. On the next date, applicant no. 1 and respondent no. 2 shall again appear before this Court.

4. Learned counsel the applicants and learned counsel respondents jointly informed that the applicant no.1 Ajharuddin and kismtun are enjoying their matrimonial life, they are living together. Learned counsel for the private respondent also submitted that as the genesis of the prosecution of case in question is a matrimonial dispute as the issue has already been resolved and they are enjoying their matrimonial life, therefore, this court is of the view that the trial of case in question is a futile one accordingly, the entire 3 A482 No. 5235 of 2025 criminal proceeding is hereby, quashed. In case, the applicants try to harass the private respondent then it is always open to the private respondent to file recall application.

5. The present application is allowed. December 10, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench