Allahabad High Court
Saurabh Srivastav vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 28 October, 2025
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:67055-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 2985 of 2024
Saurabh Srivastav
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Sati Prasad Singh @ Satish Kumar Singh
Counsel for Respondent(s)
:
G.A., Atul Benjamin Solomon, Mohammad Subhan, Tilotma Sharma
with
CRIMINAL MISC. WRIT PETITION No. - 988 of 2024
Arvind Kumar Srivastav And Others
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Sati Prasad Singh @ Satish Kumar Singh
Counsel for Respondent(s)
:
G.A.
With
CRIMINAL MISC. WRIT PETITION No. - 2974 of 2024
Surya Prakash Srivastava
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Sati Prasad Singh @ Satish Kumar Singh
Counsel for Respondent(s)
:
G.A., Atul Benjamin Solomon, Mohammad Subhan, Tilotma Sharma
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Sri Sati Prasad Singh @ Satish Kumar Singh, learned counsel for the petitioners has filed an application for disposal of the aforementioned writ petitions, enclosing therein an order dated 23.05.2025 passed in Matrimonial Case No.3573 of 2024 (Saurabh Srivastava Vs. Shifali Srivastava) by learned Principal Judge, Family Court, Lucknow in a Suit filed under Section 13-B of the Hindu Marriage Act, 1955, which is taken on record.
2. Heard Sri Sati Prasad Singh @ Satish Kumar Singh, learned counsel for the petitioners, learned A.G.A. for the State and Sri Atul Benjamin Solomon, learned counsel for the respondent No.3.
3. These petitions have been filed challenging an F.I.R. bearing Case Crime No.0005/2024, under Sections 323, 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Madey Ganj, District Lucknow.
4. This Court, by means of the order dated 12.02.2024 passed in Criminal Misc. Writ Petition No.988/2024, had referred the matter to the Mediation and Conciliation Center of this Court. The order dated 12.02.2024 is extracted herein below:-
"Counter affidavit filed on behalf of the opposite party no.3 is taken on record.
Heard.
Learned counsel appearing on behalf of caveat states that 20.02.2024 is the date fixed for mediation before the Family Court, Lucknow but the petitioners are not co-operating in the matter.
Learned counsel for the petitioner states that they have no difficulty in appearing before the mediator at the Family Court, Lucknow.
Considering the facts of the case, it would be better if the informant-wife and the husband, as also the petitioners, appear before the mediator at the Mediation Centre of this Court at Lucknow so as to resolve the matter as the genesis of the FIR is matrimonial discord, the marriage having taken place recently in May, 2023.
Let the parties appear before the mediator at the Mediation Centre of this Court at Lucknow on 28.02.2024.
The matter shall now come up in the first week of May, 2024 along with the report of the mediator of the Mediation Centre, High Court at Lucknow.
Till the next date of listing, it is provided that the petitioners shall not be arrested on the basis of impugned First Information Report, so as to facilitate mediation proceedings. The petitioners shall, however, co-operate in the mediation proceedings and if they do not do so and a report to this effect is received from the mediator from the Mediation Centre, then it can be a ground for seeking vacation of this interim order."
5. In pursuance to the aforesaid order, the parties appeared before the Mediation and Conciliation Center of this Court and the matter has been settled amicably. The Mediation and Conciliation Center has submitted a report dated 16.10.2024 alongwith settlement agreement arrived at between the parties. The petitioners have filed an affidavit today annexing therewith a photocopy of certified copy of the judgment and order dated 23.05.2025 passed in Matrimonial Case No.3573 of 2024 (Saurabh Srivastava Vs. Shifali Srivastava) by learned Principal Judge, Family Court, Lucknow, by means of which, the Suit filed under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent has been allowed and a decree of divorce has been passed.
6. Learned counsel for the petitioners submits that since the parties have amicably settled their dispute and divorce decree has also been passed by the Family Court, Lucknow, therefore, the proceedings arising out of F.I.R./Case Crime No.0005/2024, under Sections 323, 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Madey Ganj, District 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.3 do not dispute the contentions of learned counsel for the petitioners. Even otherwise learned counsel for the respondent No.3 submits that since the parties have amicably settled their dispute through mediation, the respondent No.3 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 report dated 16.10.2024 of the Mediation and Conciliation Center of this Court and also the order dated 23.05.2025 passed in Matrimonial Case No.3573 of 2024 (Saurabh Srivastava Vs. Shifali Srivastava) by learned Principal Judge, Family Court, Lucknow, whereby the Suit under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent has been allowed 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 amicably settled their dispute and the respondent No.3 does not want to prosecute the petitioners, there are very weak chances of conviction, the impugned F.I.R. lodged vide Case Crime No.0005/2024, under Sections 323, 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Madey Ganj, District Lucknow is hereby quashed so far as it relates to the instant petitioners.
10. Accordingly, the instant writ petitions are allowed and the report dated 16.10.2024 of the Mediation and Conciliation Center of this Court shall be part of this order.
(Zafeer Ahmad,J.) (Rajnish Kumar,J.)
October 28, 2025
Saurabh
