Allahabad High Court
Vatsal Tiwari Alias Monu And Others vs State Of U.P. Thru. Secy. Home Civil ... on 18 November, 2025
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:74500-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 6093 of 2024
Vatsal Tiwari Alias Monu And Others
.....Petitioner(s)
Versus
State Of U.P. Thru. Secy. Home Civil Sectt. Lko And Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Mohammad Raza Khan, Rishi Kumar Tripathi
Counsel for Respondent(s)
:
G.A.
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. In deference to the order dated 17.10.2025, the respondent no.4 Smt. Shalini Shukla is present in person, who has been identified by her counsel, Sri Ankit Tripathi, who has already filed his vakalatnama on record.
2. Heard Sri Manish Baranwal,Advocate holding brief of Sri Rishi Kumar Tripathi, learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for the respondent no.4.
3. This Court had passed the following order on 03.09.2024:- Smt. Shalini Shukla/ respondent no.4 is present in person alongwith Sri Bharat Kumar Pathak, S.I and Lady Constable Ms. Shalini Dwivedi of Police-Station Gazipur, District Lucknow. She has expressed her willingness to settle their dispute through mediation.
The bank draft of Rs.40000/- is handed over to Smt. Shalini Shukla today in Court.
The petitioners as well as opposite party no.4 shall appear before the Mediation Centre of this Court on 18.09.2024 and list this matter thereafter on 16.10.2024 for status report to be submitted by the Mediation and Conciliation Centre of this Court.
Till the next date of listing, the petitioners shall not be arrested in pursuance of impugned FIR."
4. Thereafter the following order was passed on 17.10.2025:-
1. Learned counsel for the petitioners has submitted that mediation in the matter has been succeeded, therefore, the impugned F.I.R. may be quashed, however, none is present on behalf of respondent no.4.
2. Issue notice to respondent no.4.
3. Steps be taken within ten days
4. In addition, learned A.G.A. shall also inform the respondent no.4 through S.H.O. concerned to appear before this Court in person or through his counsel on the next date.
5. List this case on 18.11.2025.
6. Interim order,granted earlier, is extended till the next date of listing.
5. In pursuance to the aforesaid order dated 03.09.2024, the Mediation and Conciliation Centre of this Court has sent it's report dated 19.12.2024, wherein it has been mentioned that 'Mediation completed. Agreement enclosed.' As per report of the Mediation and Conciliation Centre of this Court, the parties have amicably settled their dispute and agreed to dissolve their marriage mutually and live separately and for the said purpose, they have agreed to file a joint petition for divorce with mutual consent under Section 13-B of the Hindu Marriage Act 1955 before the Family Court, Lucknow.
6. Learned counsel for the petitioners submits that before the Mediation and Conciliation Centre of this Court, the parties have amicably settled their dispute and agreed to dissolve their marriage and file a joint petition for divorce before the Family Court and as informed, the divorce petition has been allowed and the decree of divorce has been passed under Section 13 B of the Hindu Marriage Act 1955, therefore, the proceedings arising out of F.I.R./Case Crime No.0314/24, under Sections 498-A, 323, 504, 506, 308, 354 & 377 IPC and 3/4 Dowry Prohibition Act, Police Station Ghazipur, District Commissionerate (North) Lucknow may be quashed as no fruitful purpose will be served by keeping the same pending.
7. Learned A.G.A. as well as learned counsel for the respondent No.4 do not dispute the contentions of learned counsel for the petitioners. Even otherwise learned counsel for the respondent No.4/informant submits that since the parties have entered into an agreement, the respondent No.4 does not want to pursue the prosecution in pursuance to the impugned F.I.R. and the same may be quashed.
8. Learned counsel for the parties have also placed reliance upon the judgments rendered by the Hon'ble Supreme Court in the cases of State of Haryana and Others Vs. Bhajan Lal and Others; 1992 SCC (Crl.)426, Dimpey Gujral and Others Vs. Union Territory Through Administrator; 2013 (11) SCC 497, Narendra Singh and Others Vs. State of Punjab and Others; 2014 (6) SCC 466 and Yogendra Yadav And Others Vs. State of Jharkhand; 2014 (9) SCC 653.
9. Considering the submissions of learned counsel for the parties and keeping in view the law laid down by the Hon'ble Supreme Court in the above referred judgments as well as in view of the agreement made by the petitioners as well as the respondent No.4 and as per report of the Mediation and Conciliation Centre of this Court dated 19.12.2024 and the fact that the dispute is a personal dispute which is not going to affect in any manner the society at large and also that since the parties have settled their dispute and have mutually agreed to dissolve their marriage and a decree of divorce has been passed under Section 13 B of the Hindu Marriage Act, 1955 and the respondent No.4 does not want to prosecute the petitioners, there are very weak chances of conviction, the impugned F.I.R. lodged vide Case Crime No.0314/24, under Sections 498-A, 323, 504, 506, 308, 354 & 377 IPC and 3/4 Dowry Prohibition Act, Police Station Ghazipur, District Commissionerate (North) Lucknow is hereby quashed so far as it relates to the instant petitioners.
10. Accordingly, the instant writ petition is allowed and the report of the Mediation and Conciliation Centre of this Court dated 19.12.2024 shall be part of this order.
(Zafeer Ahmad,J.) (Rajnish Kumar,J.)
November 18, 2025
Akanksha Sri/-
