Ajeet Kumar Alias Sunil And 5 Others vs State Of U.P. And Another
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Allahabad High Court

Ajeet Kumar Alias Sunil And 5 Others vs State Of U.P. And Another on 10 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:96040
 
Court No. - 47
 

 
Case :- APPLICATION U/S 528 BNSS No. - 20225 of 2025
 

 
Applicant :- Ajeet Kumar Alias Sunil And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohammad Asif
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Avnish Saxena,J.
 

1. Mr.Mohammad Asif, learned advocate appears on behalf of applicants and submits that the Case Crime No.39 of 2023 registered at Police Station-Sisamau, District-Kanpur Nagar is a matrimonial case in which the charge-sheet has been submitted against the applicants for the offence punishable under Sections 498-A, 323, 504, 506 IPC and section 3, 4 of Dowry Prohibition Act, 1961. It is further submitted that there were three matters of matrimonial discord pending before various forums. A matter pertaining to Section 125 Cr.PC. has been compromised between the parties by order dated 14th May, 2024 and a dissolution of marriage decree has been drawn by the Family Court by order dated 23rd November, 2024.

2. It has been agreed between the parties in terms of compromise that the cases pending between the parties shall be withdrawn. The only case left to be decided is the present case arising out of Case Crime No.39 of 2023.

3. Learned AGA has submitted that as the matrimonial matter has already been compromised and ended by the orders of competent court, the present matter wherein the charge-sheet has been submitted by the court may accordingly be dealt with in light of judgment of Hon'ble Supreme Court in Gian Singh vs. State of Punjab : 2012 (10) SCC 303.

4. This Court has taken into consideration the rival submissions made by the parties and perused the record.

5. The orders dated 14th May, 2024 and 23rd November, 2024 passed by the Family Court has given quietus to the matrimonial dispute. The only litigation pending between the parties is Case Crime No.39 of 2023 under Sections 498-A, 323, 504, 506 IPC and section 3, 4 of Dowry Prohibition Act, 1961, Police Station-Sisamau, District-Kanpur Nagar, is liable to be quashed in the light of the dictum of the Hon'ble Supreme Court.

6. With the aforesaid observation, this application stands allowed.

Order Date :- 10.6.2025

LN Tripathi