High Court · 2025

"It is most respectfully prayed that this Hon'ble Court may be pleased that during keeping in view the aforesaid facts and circumstances to allow the instant application and to quash the entire proceeding of case no. 6917/2023 State of Uttar Pradesh v Kamal Krishna and others under Section 498A, 323, 504, 506 Indian Penal Code and Section ½ Dowry Prohibition, Act pending in the Court of Civil Judge (JD) First FTC, Pratapgarh as well as the summoning order dated 31 03 2023 (Annexure No.1) passed by the Court of Civil Judge (JD) First FTC, Pratapgarh wherein the deponent/applicants have been summoned to face trial under the aforesaid sections of Indian Penal Code and Dowry Prohibition Act otherwise the deponent/applicants shall suffer irreparable loss and hardship. It is further prayed that during pendency of the instant application this Hon'ble Court may graciously be pleased to stay entire proceeding of case no. 6917 of 2023, State of Uttar Pradesh v Kamal Krishna and others under Section 498A, 323, 504, 506 Indian Penal Code and Sections ¼ Dowry Prohibition Act pending in the Court of Civil Judge (JD) First FTC, Pratapgarh and such other or further orders as may deem necessary under the facts and circumstances of the case may also kindly be passed."

3. 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 15.12.2023 has referred the matter to the Mediation & Conciliation Centre of this Court.

4. The order dated 15.12.2023 reads as under. "1. Heard learned counsel for the applicant as well as learned A.G.A. for the State.

2. The present application has been filed for quashing the the entire proceeding of Case No. 6917/2023 "State Vs. Kamal Krishna & Ors." under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 of D.P. Act pending in the court of learned Civil Judge (J.D.)/F.T.C.- I, Pratapgarh.

3. On 17.11.2023 following order was passed:- "1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present application under Section 482 Cr.P.C. is filed with the prayer to quash the entire proceeding of Case No.6917/2023, 'State Vs. Kamal Krishna & Ors.' under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, pending in the court of Civil Judge (J.D.)/F.T.C. I, Pratapgarh.

3. Learned counsel for the applicants has submitted that marriage of the applicant no.1 was solemnized with the private respondent, as applicant no.1 was having some depression problem, as a result, private respondent is reluctant to join his company and thereafter, petition under Section 9 of Hindu Marriage Act was filed. He further submitted that on the basis of incorrect facts, F.I.R. was lodged. He further submitted that charge sheet was filed in the most mechanical manner, there is a possibility of settlement in case matter is sent to the mediation center of this Court.

4. Learned A.G.A. has opposed the prayer of the applicant but he does not dispute this fact that prosecution in question is a result of matrimonial dispute between the parties.

5. Considering the submissions of learned counsel for the parties, going through the record as well as other relevant documents, as the prosecution of the case in question is initiated due to matrimonial dispute, therefore, there is possibility of settlement cannot be ruled out, therefore, matter requires consideration.

6. Issue notice to the private respondent.

7. List this case on 15.12.2023.

8. On the next date, applicant as well as private respondent shall appear before this Court.

9. The S.H.O., Police Station Fatanpur, District Pratapgarh shall ensure the presence of Smt. Sushila Maurya, R/o Suwasha, Fatanpur, P.S. Fatanpur, District Pratapgarh, before this Court.

10. Till the next date of listing, impugned proceedings shall remain stayed.

11. The applicant no.1 is directed to deposit Rs.50,000/- within two weeks before the Senior Registrar of this Court, failing which, interim protection will not be available to him."

4. In pursuance of aforesaid order, parties along with Sub Inspector- Mr. Prabhat and Lady Constable- Ms. Jyoti, Police Station- Fatanpur, District- Pratapgarh are present today before this Court.

5. Private respondent states that she does not want to join the company of applicant no. 1 as she was being victimizing by him. She has no objection, in case, the matter is sent to Mediation and Conciliation Centre of this Court.

6. List this case on 17.01.2024 before Mediation and Conciliation Centre of this Court.

7. On the next date, applicant no. 1 and private respondent shall appear in person before Mediation and Conciliation Centre of this Court along with their original Ids.

8. It is evident from the record that sum of Rs. 50,000/- has already been deposited by applicant no. 1 before Senior Registrar of this Court. Office is directed to remit Rs. 20,000/- in favour of private respondent, forthwith and rest of the amount shall be a subject matter to final decision of mediation proceeding as mediation expenses.

9. Till conclusion of mediation proceedings, the impugned proceedings pending before the trial court shall remain stayed."

5. 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 that after due efforts of the learned Mediators the matrimonial dispute between the parties has been settled. The relevant paragraph no.7 of settlement between the parties reads as under :- "7. The following settlement has been arrived at between the Parties hereto: A) That both the parties have decided to live together with love, affection and giving respect to each other. B) That both the parties have agreed to behave respectfully to the family members of each other C) That the First Party(Husband) will pick and drop the Second party(wife), when and if the Second party wishes to go to her maternal place to meet her parents and the First Party (husband) will take good care of the health of the Second party(wife). D) That the Second party (Wife) will be given permission to keep a mobile with her. E) That on 10 April 2024 the First party(husband) will take the Second Party (Wife) alongwith him and will admit his daughter Aanya Maurya in any school. F) The First Party (Husband) will give Rs 2000/- per month to the Second party (Wife) and the Applicant no.3 (Father of the First Party) will ensure the same. G) That Both parties have agreed to withdraw/not press the cases filed against each other, the details of which are as under I. Case No.497/2022 filed u/s 125 of Cr.P.C, P.S Hatanpur District Pratapgarh (Sushila Maurya and another versus Kamal Krishna Maurya) pending before the Court of Principal Judge, Family Court, Pratapgarh. II.Case no.772 of 2022 filed u/s 9 H.MA. (Kamal Krishna Maurya vertus Sushila Maurya) pending before the Principal Judge, Family Court, Jaunpur. III. Case No.149 2023, Cone crime no 03/2023 из 323.304,306,427,452 of LPC, PS Mungrabadshahpur District Jaunpur State versus Sushila Maurya and others pending before the Court of AC.JJ.D.)-V/J.M. District Jaunpur. Besides the above if any other case is filed between both the parties shall be withdrawn by either of the parties. H) That Smt Sushila Maurya (Second Party) agrees to withdraw the Case No. 6917/2023 State versus Kamal Krishna and others u/s 498-A,323,504,506 1.PC and sec % D.P. Act pending in the Court of Civil Judge. (ID)/FTC-1, Pratapgarh. I) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above, such act shall entail for court of contempt.

7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. M. C. No. 11319 of 2023 (A482) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. In WITNESS WHEREOF the First Party and Second Party have signed this agreement with free will without any pressure, force and coercion with the help of the Mediator."

6. 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, the application is allowed. Consequently, the entire proceedings of Case No.6917/2023, quoted above, are hereby quashed qua the applicants in terms of settlement referred above.

7. 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

"It is most respectfully prayed that this Hon'ble Court may be pleased that during keeping in view the aforesaid facts and circumstances to allow the instant application and to quash the entire proceeding of case no. 6917/2023 State of Uttar Pradesh v Kamal Krishna and others under Section 498A, 323, 504, 506 Indian Penal Code and Section ½ Dowry Prohibition, Act pending in the Court of Civil Judge (JD) First FTC, Pratapgarh as well as the summoning order dated 31 03 2023 (Annexure No.1) passed by the Court of Civil Judge (JD) First FTC, Pratapgarh wherein the deponent/applicants have been summoned to face trial under the aforesaid sections of Indian Penal Code and Dowry Prohibition Act otherwise the deponent/applicants shall suffer irreparable loss and hardship. It is further prayed that during pendency of the instant application this Hon'ble Court may graciously be pleased to stay entire proceeding of case no. 6917 of 2023, State of Uttar Pradesh v Kamal Krishna and others under Section 498A, 323, 504, 506 Indian Penal Code and Sections ¼ Dowry Prohibition Act pending in the Court of Civil Judge (JD) First FTC, Pratapgarh and such other or further orders as may deem necessary under the facts and circumstances of the case may also kindly be passed."

3. 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 15.12.2023 has referred the matter to the Mediation & Conciliation Centre of this Court.

4. The order dated 15.12.2023 reads as under. "1. Heard learned counsel for the applicant as well as learned A.G.A. for the State.

2. The present application has been filed for quashing the the entire proceeding of Case No. 6917/2023 "State Vs. Kamal Krishna & Ors." under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 of D.P. Act pending in the court of learned Civil Judge (J.D.)/F.T.C.- I, Pratapgarh.

3. On 17.11.2023 following order was passed:- "1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present application under Section 482 Cr.P.C. is filed with the prayer to quash the entire proceeding of Case No.6917/2023, 'State Vs. Kamal Krishna & Ors.' under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, pending in the court of Civil Judge (J.D.)/F.T.C. I, Pratapgarh.

3. Learned counsel for the applicants has submitted that marriage of the applicant no.1 was solemnized with the private respondent, as applicant no.1 was having some depression problem, as a result, private respondent is reluctant to join his company and thereafter, petition under Section 9 of Hindu Marriage Act was filed. He further submitted that on the basis of incorrect facts, F.I.R. was lodged. He further submitted that charge sheet was filed in the most mechanical manner, there is a possibility of settlement in case matter is sent to the mediation center of this Court.

4. Learned A.G.A. has opposed the prayer of the applicant but he does not dispute this fact that prosecution in question is a result of matrimonial dispute between the parties.

5. Considering the submissions of learned counsel for the parties, going through the record as well as other relevant documents, as the prosecution of the case in question is initiated due to matrimonial dispute, therefore, there is possibility of settlement cannot be ruled out, therefore, matter requires consideration.

6. Issue notice to the private respondent.

7. List this case on 15.12.2023.

8. On the next date, applicant as well as private respondent shall appear before this Court.

9. The S.H.O., Police Station Fatanpur, District Pratapgarh shall ensure the presence of Smt. Sushila Maurya, R/o Suwasha, Fatanpur, P.S. Fatanpur, District Pratapgarh, before this Court.

10. Till the next date of listing, impugned proceedings shall remain stayed.

11. The applicant no.1 is directed to deposit Rs.50,000/- within two weeks before the Senior Registrar of this Court, failing which, interim protection will not be available to him."

4. In pursuance of aforesaid order, parties along with Sub Inspector- Mr. Prabhat and Lady Constable- Ms. Jyoti, Police Station- Fatanpur, District- Pratapgarh are present today before this Court.

5. Private respondent states that she does not want to join the company of applicant no. 1 as she was being victimizing by him. She has no objection, in case, the matter is sent to Mediation and Conciliation Centre of this Court.

6. List this case on 17.01.2024 before Mediation and Conciliation Centre of this Court.

7. On the next date, applicant no. 1 and private respondent shall appear in person before Mediation and Conciliation Centre of this Court along with their original Ids.

8. It is evident from the record that sum of Rs. 50,000/- has already been deposited by applicant no. 1 before Senior Registrar of this Court. Office is directed to remit Rs. 20,000/- in favour of private respondent, forthwith and rest of the amount shall be a subject matter to final decision of mediation proceeding as mediation expenses.

9. Till conclusion of mediation proceedings, the impugned proceedings pending before the trial court shall remain stayed."

5. 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 that after due efforts of the learned Mediators the matrimonial dispute between the parties has been settled. The relevant paragraph no.7 of settlement between the parties reads as under :- "7. The following settlement has been arrived at between the Parties hereto: A) That both the parties have decided to live together with love, affection and giving respect to each other. B) That both the parties have agreed to behave respectfully to the family members of each other C) That the First Party(Husband) will pick and drop the Second party(wife), when and if the Second party wishes to go to her maternal place to meet her parents and the First Party (husband) will take good care of the health of the Second party(wife). D) That the Second party (Wife) will be given permission to keep a mobile with her. E) That on 10 April 2024 the First party(husband) will take the Second Party (Wife) alongwith him and will admit his daughter Aanya Maurya in any school. F) The First Party (Husband) will give Rs 2000/- per month to the Second party (Wife) and the Applicant no.3 (Father of the First Party) will ensure the same. G) That Both parties have agreed to withdraw/not press the cases filed against each other, the details of which are as under I. Case No.497/2022 filed u/s 125 of Cr.P.C, P.S Hatanpur District Pratapgarh (Sushila Maurya and another versus Kamal Krishna Maurya) pending before the Court of Principal Judge, Family Court, Pratapgarh. II.Case no.772 of 2022 filed u/s 9 H.MA. (Kamal Krishna Maurya vertus Sushila Maurya) pending before the Principal Judge, Family Court, Jaunpur. III. Case No.149 2023, Cone crime no 03/2023 из 323.304,306,427,452 of LPC, PS Mungrabadshahpur District Jaunpur State versus Sushila Maurya and others pending before the Court of AC.JJ.D.)-V/J.M. District Jaunpur. Besides the above if any other case is filed between both the parties shall be withdrawn by either of the parties. H) That Smt Sushila Maurya (Second Party) agrees to withdraw the Case No. 6917/2023 State versus Kamal Krishna and others u/s 498-A,323,504,506 1.PC and sec % D.P. Act pending in the Court of Civil Judge. (ID)/FTC-1, Pratapgarh. I) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above, such act shall entail for court of contempt.

7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Crl. M. C. No. 11319 of 2023 (A482) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation. In WITNESS WHEREOF the First Party and Second Party have signed this agreement with free will without any pressure, force and coercion with the help of the Mediator."

6. 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, the application is allowed. Consequently, the entire proceedings of Case No.6917/2023, quoted above, are hereby quashed qua the applicants in terms of settlement referred above.

7. 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