High Court · 2025

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate Vth. Lucknow, in case crime No. 0078 of 2023, Criminal Case No. 34095 of 2024(State versus Aditya Srivastava and others) under section 498A/354 L.P.C. read with section 3/4 D.P. Act Police Station Jankipuram, Lucknow as contained in Annexure No. 7 to this petition during pendency of case, and charge sheet filed by the police of police station Jankipuram Lucknow contained in Annexure No.6 is also be quashed in the interest of justice."

3. In view of the facts and prayer(s) sought, quoted above, which are same, instant application(s) are being decided by this common order.

4. It appears that after considering the averments made in the instant application(s) and the documents in support thereof as also the submission made by learned counsel for the applicants, this Court vide order dated 04.06.2024, passed in Application u/s 482 No.5181 of 2024, has referred the matter to the Mediation & Conciliation Centre of this Court.

5. The order dated 04.06.2024 reads as under. "1. Shri Atharva Arya and Shri Vinay Kumar Verma, Advocates have filed vakalatnama on behalf of the opposite party No.2, which is taken on record.

2. Heard Shri Rajendra Prasad, learned counsel for the applicants, Shri Anurag Verma, learned AGA-I and Shri Atharva Arya & Shri Vinay Kumar Verma, learned counsels for the opposite party No.2.

3. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate (v), Lucknow in Criminal Case No.34095 of 2024 taking cognizance of offence under Section 498A/354 IPC read with Section 3/4 of Dowry Prohibition Act in Case Crime No.78 of 2023 at Police Station-Jankipuram, Lucknow.

4. Learned counsel for the applicants and learned counsel for the opposite party No.2 both agree that the dispute between the parties arose because of matrimonial discord and there is every possibility of settlement of the dispute through the process of mediation.

5. Accordingly, with the consent of learned counsel for the applicants and learned counsel for the opposite party No.2, the matter is referred to the Mediation and Conciliation Centre of this Court where the parties shall appear on 4.07.2024. Upon the first appearance, the petitioners shall deposit a sum of Rs.15,000/- out of which Rs.10,000/- shall be paid to the opposite party No.2 on her appearance and the balance amount of Rs.5,000/- shall be appropriated towards expenses of Mediation and Conciliation Centre.

6. Mediation and Conciliation Centre is requested to submit its report within a period of eight weeks' thereafter.

7. List this case in the week commencing 9.9.2024.

8. Till the next date of listing, operation and effect of summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate (v), Lucknow in Case Crime No.78 of 2023, shall remain stayed. "

6. In view of the order of this Court dated 04.06.2024, quoted above, Rs.15,000/- was deposited by the applicants before the Mediation Centre of this Court, which is apparent from copy of the tender on record as also the office note dated 01.07.2024.

7. In Application u/s 482 Cr.P.C. No.6475 of 2024, the following order was passed on 24.07.2024:- "Heard learned counsel appearing for the applicant, learned AGA for the State of U.P. and perused the record. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate Vth, Lucknow, in case crime No. 0078 of 2023, Criminal Case No. 34095 of 2024(State versus Aditya Srivastava and others) under section 498A/354 I.P.C. read with section 3/4 D.P. Act Police Station Jankipuram, Lucknow as contained in Annexure No. 7 to this petition during pendency of case, and charge sheet filed by the police of police station Jankipuram Lucknow contained in Annexure No.6 is also be quashed in respect of petitioner, in the interest of justice." A perusal of the order dated 04.06.2024 passed in Application Under Section 482 No. 5181 of 2024 (Aditya Srivastava and two others Versus State of U.P. and another) annexed as Annexure No.8 to the present application and the averments made in the present application, shows that similar matter is pending before Mediation and Conciliation Centre of this Court and proceedings in relation to husband, mother-in-law and father-in-law, have been stayed by this Court and the applicant is brother-in- law(Devar) of the opposite party no.2/informant. Accordingly, the matter be listed alongwith Application Under Section 482 No. 5181 of 2024 (Aditya Srivastava and two others Versus State of U.P. and another). Till the next date of listing, the proceedings against the applicant shall be kept in abeyance"

8. In terms of the order of this Court the parties appeared before the Mediation & Conciliation Centre. It appears from the report of Mediation & Conciliation Centre of this Court, annexed as in Form 5 -Annexure -E on Application u/s 482 No.5181 of 2024 that after due efforts of the learned Mediators the matrimonial dispute between Arpit Srivastava (husband), applicant no.1 in Application u/s 482 No.5181 of 2024 and opposite party no.2 in both the applications, detailed above, has been settled. The relevant paragraph no.6 of settlement between the parties reads as under :- "6. The following settlement has been arrived at between the Parties hereto:- A) That the parties are already living together since 05.10 2024 as husband and wife and they have agreed to continue to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment towards each other and each others' family members. C) That the parties have agreed that they shall discharge their parental obligations/duties towards their daughter Ms. Dhriti Srivastava with utmost dedication and honesty. D) That both the parties have agreed that neither they nor their family members shall indulge in mental or physical cruelty against each other and their family members. E) That the First Party shall continue to pay to the Second Party an amount of Rs. 8,500/-(Rupees Eight Thousand Five Hundred only) per month by 10 day of every month towards maintenance of the Second Party and their daughter through NEFT/UPI into the bank account of the Second Party. F) That the First Party has agreed to their daughter Ms. Dhriti Srivastava and shall deposit at least an amount of Rs.1,00,000/- in the same by end of 2026. The First Party shall continue to keep the said Sukanya Samridhi Account active by depositing at minimum required amount to keep it operational. The passbook of the said account shall remain in the custody of the Second Party. G) That the parties have agreed that the First Party shall get their daughter admitted in a decent school and shall bear all the expenses to be incurred towards education and medical expenses of the daughter. H) That the parties have agreed that the Second Party shall visit her in-laws" place during festivals or other special occasions and on her visits she would stay in the room in which she used to stay earlier and would discharge her obligations and duties towards her in-laws' and would pay due respect to the parents of the First Party and the First Party shall not cause any hindrance to the same. I) That the parties have agreed that they will not record any conversation held between them. J) That the parties have de parties have agreed that the First Party shall not have any objection in continuance of the legal profession by the Second Party and the First Party shall co-peration with the Second Party in same. K) That the parties have agreed that they shall not have any objection if the Hon'ble Court quashes the proceeding of Criminal Case No 34095 of 2024 arising out of Case Crime No 78 of 2023 U/Ss 498A, 3541 PC read with Section 3/4 D P Act pending before Leamed Additional Chief Judicial Magistrate (Vih), Lucknow and decides the APPLICATION U/s 482 No.5181 of 2024 (Aditya Srivastava & Others Vs State of U P & Another) as well as APPLICATION U/s 482 No 6475 of 2024 (Arpit Srivastava Vs State of UP & Another) emanating from Criminal Case No 34095 of 2024 arising out of Case Crime No 78 of 2023 U/Ss 498A, 3541PC read with Section 3/4 D. P. Act pending before Learned Additional Chief Judicial Magistrate (Vih), Lucknow, in terms of this settlement agreement. L) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. M) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. N) That both the parties shall be strictly bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court and to be punished for contempt of the Court and the other party shall be at liberty to get the cases, which would stand disposed of in terms of this settlement agreement, reopened.

7. By signing this Agreement the Parties hereto state that they have no claims or demands against each other with respect to APPLICATION U/s 482 No.5181 of 2024 (Aditya Srivastava & Others Vs State of UP & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process Conciliation/Mediation."

9. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, both the application(s) are allowed. Consequently, the entire proceedings arising out of FIR/Case Crime No.0078 of 2023, quoted above, are hereby quashed qua the applicants in terms of settlement referred above.

10. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 29.1.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate Vth. Lucknow, in case crime No. 0078 of 2023, Criminal Case No. 34095 of 2024(State versus Aditya Srivastava and others) under section 498A/354 L.P.C. read with section 3/4 D.P. Act Police Station Jankipuram, Lucknow as contained in Annexure No. 7 to this petition during pendency of case, and charge sheet filed by the police of police station Jankipuram Lucknow contained in Annexure No.6 is also be quashed in the interest of justice."

3. In view of the facts and prayer(s) sought, quoted above, which are same, instant application(s) are being decided by this common order.

4. It appears that after considering the averments made in the instant application(s) and the documents in support thereof as also the submission made by learned counsel for the applicants, this Court vide order dated 04.06.2024, passed in Application u/s 482 No.5181 of 2024, has referred the matter to the Mediation & Conciliation Centre of this Court.

5. The order dated 04.06.2024 reads as under. "1. Shri Atharva Arya and Shri Vinay Kumar Verma, Advocates have filed vakalatnama on behalf of the opposite party No.2, which is taken on record.

2. Heard Shri Rajendra Prasad, learned counsel for the applicants, Shri Anurag Verma, learned AGA-I and Shri Atharva Arya & Shri Vinay Kumar Verma, learned counsels for the opposite party No.2.

3. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate (v), Lucknow in Criminal Case No.34095 of 2024 taking cognizance of offence under Section 498A/354 IPC read with Section 3/4 of Dowry Prohibition Act in Case Crime No.78 of 2023 at Police Station-Jankipuram, Lucknow.

4. Learned counsel for the applicants and learned counsel for the opposite party No.2 both agree that the dispute between the parties arose because of matrimonial discord and there is every possibility of settlement of the dispute through the process of mediation.

5. Accordingly, with the consent of learned counsel for the applicants and learned counsel for the opposite party No.2, the matter is referred to the Mediation and Conciliation Centre of this Court where the parties shall appear on 4.07.2024. Upon the first appearance, the petitioners shall deposit a sum of Rs.15,000/- out of which Rs.10,000/- shall be paid to the opposite party No.2 on her appearance and the balance amount of Rs.5,000/- shall be appropriated towards expenses of Mediation and Conciliation Centre.

6. Mediation and Conciliation Centre is requested to submit its report within a period of eight weeks' thereafter.

7. List this case in the week commencing 9.9.2024.

8. Till the next date of listing, operation and effect of summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate (v), Lucknow in Case Crime No.78 of 2023, shall remain stayed. "

6. In view of the order of this Court dated 04.06.2024, quoted above, Rs.15,000/- was deposited by the applicants before the Mediation Centre of this Court, which is apparent from copy of the tender on record as also the office note dated 01.07.2024.

7. In Application u/s 482 Cr.P.C. No.6475 of 2024, the following order was passed on 24.07.2024:- "Heard learned counsel appearing for the applicant, learned AGA for the State of U.P. and perused the record. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 22.03.2024 passed by learned Additional Chief Judicial Magistrate Vth, Lucknow, in case crime No. 0078 of 2023, Criminal Case No. 34095 of 2024(State versus Aditya Srivastava and others) under section 498A/354 I.P.C. read with section 3/4 D.P. Act Police Station Jankipuram, Lucknow as contained in Annexure No. 7 to this petition during pendency of case, and charge sheet filed by the police of police station Jankipuram Lucknow contained in Annexure No.6 is also be quashed in respect of petitioner, in the interest of justice." A perusal of the order dated 04.06.2024 passed in Application Under Section 482 No. 5181 of 2024 (Aditya Srivastava and two others Versus State of U.P. and another) annexed as Annexure No.8 to the present application and the averments made in the present application, shows that similar matter is pending before Mediation and Conciliation Centre of this Court and proceedings in relation to husband, mother-in-law and father-in-law, have been stayed by this Court and the applicant is brother-in- law(Devar) of the opposite party no.2/informant. Accordingly, the matter be listed alongwith Application Under Section 482 No. 5181 of 2024 (Aditya Srivastava and two others Versus State of U.P. and another). Till the next date of listing, the proceedings against the applicant shall be kept in abeyance"

8. In terms of the order of this Court the parties appeared before the Mediation & Conciliation Centre. It appears from the report of Mediation & Conciliation Centre of this Court, annexed as in Form 5 -Annexure -E on Application u/s 482 No.5181 of 2024 that after due efforts of the learned Mediators the matrimonial dispute between Arpit Srivastava (husband), applicant no.1 in Application u/s 482 No.5181 of 2024 and opposite party no.2 in both the applications, detailed above, has been settled. The relevant paragraph no.6 of settlement between the parties reads as under :- "6. The following settlement has been arrived at between the Parties hereto:- A) That the parties are already living together since 05.10 2024 as husband and wife and they have agreed to continue to live together happily and peacefully and to perform their matrimonial obligations with utmost respect, love and affection towards each other. B) That both the parties have agreed to discharge their matrimonial obligations/duties without any kind of misbehaviour or harassment towards each other and each others' family members. C) That the parties have agreed that they shall discharge their parental obligations/duties towards their daughter Ms. Dhriti Srivastava with utmost dedication and honesty. D) That both the parties have agreed that neither they nor their family members shall indulge in mental or physical cruelty against each other and their family members. E) That the First Party shall continue to pay to the Second Party an amount of Rs. 8,500/-(Rupees Eight Thousand Five Hundred only) per month by 10 day of every month towards maintenance of the Second Party and their daughter through NEFT/UPI into the bank account of the Second Party. F) That the First Party has agreed to their daughter Ms. Dhriti Srivastava and shall deposit at least an amount of Rs.1,00,000/- in the same by end of 2026. The First Party shall continue to keep the said Sukanya Samridhi Account active by depositing at minimum required amount to keep it operational. The passbook of the said account shall remain in the custody of the Second Party. G) That the parties have agreed that the First Party shall get their daughter admitted in a decent school and shall bear all the expenses to be incurred towards education and medical expenses of the daughter. H) That the parties have agreed that the Second Party shall visit her in-laws" place during festivals or other special occasions and on her visits she would stay in the room in which she used to stay earlier and would discharge her obligations and duties towards her in-laws' and would pay due respect to the parents of the First Party and the First Party shall not cause any hindrance to the same. I) That the parties have agreed that they will not record any conversation held between them. J) That the parties have de parties have agreed that the First Party shall not have any objection in continuance of the legal profession by the Second Party and the First Party shall co-peration with the Second Party in same. K) That the parties have agreed that they shall not have any objection if the Hon'ble Court quashes the proceeding of Criminal Case No 34095 of 2024 arising out of Case Crime No 78 of 2023 U/Ss 498A, 3541 PC read with Section 3/4 D P Act pending before Leamed Additional Chief Judicial Magistrate (Vih), Lucknow and decides the APPLICATION U/s 482 No.5181 of 2024 (Aditya Srivastava & Others Vs State of U P & Another) as well as APPLICATION U/s 482 No 6475 of 2024 (Arpit Srivastava Vs State of UP & Another) emanating from Criminal Case No 34095 of 2024 arising out of Case Crime No 78 of 2023 U/Ss 498A, 3541PC read with Section 3/4 D. P. Act pending before Learned Additional Chief Judicial Magistrate (Vih), Lucknow, in terms of this settlement agreement. L) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement. M) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute. N) That both the parties shall be strictly bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court and to be punished for contempt of the Court and the other party shall be at liberty to get the cases, which would stand disposed of in terms of this settlement agreement, reopened.

7. By signing this Agreement the Parties hereto state that they have no claims or demands against each other with respect to APPLICATION U/s 482 No.5181 of 2024 (Aditya Srivastava & Others Vs State of UP & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process Conciliation/Mediation."

9. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, both the application(s) are allowed. Consequently, the entire proceedings arising out of FIR/Case Crime No.0078 of 2023, quoted above, are hereby quashed qua the applicants in terms of settlement referred above.

10. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 29.1.2025 Anand/- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench