Allahabad High Court
Dr. Lt. Colonel Akshay Bhatnagar And 2 ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 22 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:42047 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5908 of 2025 Applicant :- Dr. Lt. Colonel Akshay Bhatnagar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Kumar Rai,Ajai Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vivek Kumar Rai, the learned counsel for the applicants, Sri Ashok Srivastava, the learned A.G.A. for the State and Sri Pratyush Chaubey, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record.
2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicants have sought quashing of the impugned charge sheet no.1 dated 10.10.2024, summoning order dated 05.06.2025 along with entire proceedings of Case No.57978 of 2025, arising out of Case Crime No.204 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Ashiyana, District Lucknow, East (Police Commissionerate), Lucknow, pending in the court of learned Additional Chief Judicial Magistrate CBI (Adyodhya Prakaran), Lucknow.
3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise entered into between the parties have been placed on record as Annexure-3 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified by learned Additional Chief Judicial Magistrate CBI (Adyodhya Prakaran), Lucknow vide order dated 09.07.2025 in compliance of the order dated 16.06.2025 passed by this Court in Application u/s 482 No.5065 of 2025. As per the compromise the parties have decided to severe their relations by way of a decree of divorce by mutual consent by filing a petition under Section 13-B of Hindu Marriage Act before the concerned court.
4. I have considered the submissions of learned counsel for the parties.
5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.
6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and impugned charge sheet no.1 dated 10.10.2024, summoning order dated 05.06.2025 along with entire proceedings of Case No.57978 of 2025, arising out of Case Crime No.204 of 2023, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Ashiyana, District Lucknow, East (Police Commissionerate), Lucknow, pending in the court of learned Additional Chief Judicial Magistrate CBI (Adyodhya Prakaran), Lucknow are hereby quashed.
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[Subhash Vidyarthi, J.] Order Date :- 22.7.2025 Ram.