Manu Kesharwani Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:131382

Court No. - 76

Case :- APPLICATION U/S 482 No. - 2911 of 2025

Applicant :- Manu Kesharwani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Vats Counsel for Opposite Party :- Vivek Kumar,G.A. With

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Case :- APPLICATION U/S 528 BNSS No. - 6306 of 2025

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Applicant :- Manu Kesharwani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Vats Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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On the consent of learned counsels for the respective parties, the present applications filed under Section 482 Cr.P.C. and under Section 528 BNSS are being hereby decided by a common judgment and order.

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Heard Sri Umesh Vats, learned counsel for the applicants, Sri Manu Kesharwani, applicant appearing in person, Sri Vivek Kumar, learned counsel for opposite party no. 2 and learned A.G.A. for the State.

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Application under Section 482 Cr.P.C. No. 2911 of 2025 has been filed by the applicants for quashing the entire proceedings of Case No. 130 of 2022 (State Vs. Manu Kesharwani) in Case Crime No. 904 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Colnelganj, DistrictPrayagraj, pending in the Court of Additional Civil Judge (J.D.), Court No. 21, Prayagraj and also to quash the summoning order dated 30.03.2022 passed by Additional Civil Judge (J.D.), Court No. 21, Prayagraj in proceeding Case No. 130 of 2022 and further quash the entire proceedings arising out of:

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a) FIR in Case Crime No. 131 of 2024 dated 03.04.2024 registered at Police Station Colonelganj, District Prayagraj lodged under Sections 323, 504 and 506 I.P.C. (A chargeheet bearing

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Chargesheet No. 151 of 2024 was also prepared on 10.08.2024, but the same has not been submitted before the Trial Court.)

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b) FIR in Case Crime No. 890 of 2019 dated 16.10.2019 registered at Police Station Colonelganj, Allahabad, under Sections 498-A, 147, 504, 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. (A final report has been prepared by the police however the same has not been submitted before the Trial Court)

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c) Complaint Case No. 384 of 2020 (Smt. Sarika Kesarwani Vs. Manu Kesarwani) under Sections 12, 18, 19, 20, 21, 22, 23 (2) of Protection of Women from Domestic Violence Act, 2005, Police Station Colonelganj, Prayagraj, pending before the Court of Special CJM, Prayagraj.

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d) Execution Case No. 08 of 2022 (Smt. Sarika Kesarwani Vs. Manu Kesarwani) pending before the Principal Judge, Family Court, Prayagraj in pursuance of interim maintenance order dated 23.03.2022 passed in Matrimonial Case No. 1674 of 2019 (Manu Kesarwani Vs. Smt. Sarika Kesarwani) by Principal Judge, Family Court, Prayagraj.

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e) Criminal Revision No. 319 of 2024 (Arjun Lal Kesarwani Vs. State of U.P.) pending in the Court of Special Judge, MP/MLA, Prayagraj.

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Application under Section 528 BNSS No. 6306 of 2025 has been filed by the applicants for quashing the entire proceeding of Complaint Case No. 384 of 2020 (Smt. Sarika Kesharwani Vs. Manu Kesharwani and others), arising out of Complaint filed under Sections 12, 18, 19, 20, 21, 5 & 23(2) Protection of Women from Domestic Violence Act, 2005, Police Station Colonelganj, District Prayagraj, pending in the Court of Special Chief Judicial Magistrate, Prayagraj and order dated 27.11.2024 passed by Special Chief Judicial Magistrate, Prayagraj.

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In pursuance to the settlement agreement dated 17.5.2025 entered between the parties at the Allahabad High Court Mediation and Conciliation Centre, this Court on 22.5.2025 passed the following order :-

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" 1. Learned counsel for the applicant has produced before the Court two demand drafts totalling Rs. 50 lakh and Rs. 60 lakh, respectively towards settlement agreement dated 17.05.2025 made before the Mediation Centre.

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2. Learned counsel for the applicant shall deposit the aforesaid bank-drafts with the Registrar General of this Court within 48 hours.

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3. Learned counsel for the parties also agreed that keys of Vehicle No. UP-70 CM 2357 is being handed over to the learned counsel for the opposite party no.2-wife and same would be identified by the counsels and would be handed over to the wife itself.

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4. Learned counsel for the applicant has also handed over a box containing jewellery being stridhan to the wife through her counsel in compliance of conditions of settlement agreement dated 17.05.2025 which has been accepted by the wife.

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5. Both the parties have signed the list of jewellery and the same has been identified by their respective counsels and taken on record.

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6. In pursuance to condition No.7(a) of the settlement agreement dated 17.05.2025, parties shall move a mutual divorce application to dissolve the marriage under Section 13(b) of Hindu Marriage Act before the next date. If any such application is filed, the court concerned is directed to decide the same at the earliest. Parties shall appear before the family court when the matter with regard to divorce is taken up. The next date in the divorce proceedings fixed is 27.05.2025 in which both the parties agreed to appear before the court concerned.

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7. List this case on 30th May, 2025. "

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As per the office report dated 23.5.2025, three demand drafts amounting to Rs.25,00,000/-, Rs. 15,00,000/- and Rs. 10,00,000/-, totalling Rs. 50,00,000/- in the name of Sarika Kesarwani have been deposited by the applicants with the Registrar General of this Court and four demand drafts amounting to Rs.25,00,000/-, Rs. 9,80,000/-, Rs.25,00,000/- and Rs. 20,000/-, totalling Rs. 60,00,000/- in the name of Ridit Kumar U G Sarika Kesarwani have also been deposited by the applicants before the Registrar General of this Court.

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Learned counsel for the applicants and opposite party no. 2 submits that the aforesaid bank drafts may be released in favour of opposite party no. 2 subject to the direction that within one month of the receiving of the bank drafts opposite party no. 2 shall prepare FDRs in respect of the amount paid to the son Ridit Kumar and the same may be kept in fixed deposit account as per condition

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7(d) of the settlement agreement dated 17.5.2025. Parties also agree that the cases pending against each other which have been described in the prayer clause of the Application under Section 482 No. 2911 of 2025 and Application under Section 528 BNSS No. 6306 of 2025 may be also quashed.

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Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed.

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Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings.

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Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed.

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It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end.

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In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the settlement agreement dated 17.5.2025, no useful purpose would be served in proceeding with the matter further.

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Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid cases (detailed in paragraph nos. 3 and 4) are hereby quashed.

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The Demand Drafts lying with the Registrar General of this Court shall be released in favour of the opposite party no. 2 within three days.

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The present applications are, accordingly, allowed.

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Order Date :- 5.8.2025 VMA

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Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Manu Kesharwani v. State of U.P. and Another

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