Allahabad High Court
Manoj Kumar Pandey vs State Of U.P. And Another on 14 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:183984
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 23791 of 2025
Manoj Kumar Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Mahesh Chandra Maurya, Santosh Kr. Singh Paliwal
Counsel for Opposite Party(s)
:
G.A., Manoj Tripathi
(SL No.193)
HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Mahesh Chandra Maurya, learned counsel for the applicant, Sri Manoj Tripathi, on behalf of learned counsel for the opposite party no.2 and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 16.01.2022 as well as impugned cognizance/summoning order dated 28.02.2022 in Case Crime No. 871 of 2021 under Sections 498-A, 323, 504 I.P.C. read with Section 3/4 of the D.P. Act, Police Station- Beta-2, District- Gautam Buddh Nagar, pending in the court of Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar.
3. Learned counsel of the applicant submits that the opposite party no.2 is the wife of applicant no.1 herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicant herein. However, learned counsel for the applicants submits that after submission of the charge-sheet in the instant case the parties the parties have settled their disputes amicably and a compromise dated 19.07.2024. As per the said settlement, the parties had agreed to dissolve their marriage by mutual consent and the applicant had agreed to pay a total sum of Rs. 20,00,000/- to the opposite party no.2. In terms of the said compromise, they had moved an application under Section 13B of the Hindu Marriage Act, which has already been allowed and the applicant has already paid a sum of Rs. 16,00,000/- to the opposite party no.2, as per the terms of the settlement. The remaining amount is to be paid to the opposite party no.2 at the time of the quashing of the entire proceedings in the instant case.
4. Learned counsel for the applicant has handed over the Demand Draft No. 515042 dated 06.10.2025, of Rs. 4,00,000/- in favour of Nisha Pandey, the opposite party no.2 herein, which has been acknowledged by learned counsel for the opposite party no.2. Therefore, all the terms and conditions of the said compromise have already been acted upon by the parties. The divorce has already been granted and the other proceedings initiated by the opposite party no.2 had also been withdrawn.
5. Vide order dated 09.02.2025, this Court directed the parties to appear before the trial court concerned for verification of the compromise executed between them. As per the report received from the Additional Chief Judicial Magistrate-I, Gautam Buddh Nagar, pursuant to the directions of this court, the parties appeared before the trial court concerned on 06.08.2025 and were identified by their advocates. In presence of the parties, the compromise arrived at between the parties was duly verified. A copy of the order verifying the compromise has been annexed along with the report dated 13.08.2025. In view of the aforesaid facts, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case against the applicants herein.
6. Learned counsel for opposite party no.2 duly acknowledge the entire payment in terms of the compromise dated 09.07.2025 and admits the aforesaid facts regarding execution of compromise and its verification as well. He also admits the fact that the marriage between the parties has already been dissolved in terms of the said compromise and other proceedings have already been withdrawn by the opposite party no.2. He supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties.
7. Sri Kamlesh Kumar Tripathi, learned AGA, looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.
8. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that opposite party no.2 has filed an application under Sections 498-A, 323, 504 I.P.C. read with Section 3/4 of the D.P. Act. Thereafter, the matter was investigated and charge-sheet was filed. Vide order dated 28.02.2022, the applicants herein were summoned for the aforesaid offenses by the Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar. Subsequent thereto, the parties have settled their disputes on 19.07.2024 and the instant application was filed. As per the order passed by this Court on 09.07.2025, the parties have appeared before the trial court for verification of compromise which has been accordingly verified by the trial court vide order dated 13.08.2025 and a report in this regard has been submitted.9.. Since it was a matrimonial dispute between the parties, which has been amicably settled and the compromise executed has been verified by the trial court, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in Case Crime No. 871 of 2021 under Sections 498-A, 323, 504 I.P.C. read with Section 3/4 of the D.P. Act, Police Station- Beta-2, District- Gautam Buddh Nagar, pending in the court of Additional Chief Judicial Magistrate-II, Gautam Buddh Nagar, are hereby quashed.
(Anish Kumar Gupta,J.)
October 14, 2025
Shubham Arya
