Allowed

Jai Vir Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC7 Oct 2025A482/3346/2025

Case brief

AI extract

What is this about?

Quashing petition against charge sheet and summoning order in a matrimonial dispute case. Parties amicably settled during pendency, husband paid Rs.1.15 crore per settlement recorded by Family Court; trial deemed futile and proceedings quashed.

What did the court decide?

Charge sheet dated 15.11.2023, summoning order dated 07.12.2023 and entire criminal proceedings in Case No.141073/2023 quashed.

Jai Vir Singh and 2 Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 3346 of 2025

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Jai Vir Singh And 2 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. D And Another	eptt. Of Home Lko. .....Opposite Party(s)
Counsel for Applicant(s)	: Dr. Pooja Singh, Ambuj Singh
Counsel for Opposite Party(s)	: G.A., Anurag Shukla

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Heard Dr. Pooja Singh, learned counsel for the applicant, Mr. Anurag Shukla, learned counsel for the private respondent and Mr. Angad Vishwakarma, learned A.G.A.

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This petition has been filed with the prayer to quash the charge sheet dated 15.11.2023 arising out of the Crime No.194/2023, under Sections – 498- A, 406, 420, 323 of IPC & 3 / 4 D.P. Act, police station – Aliganj, District – Lucknow. Petitioner also prays to quash the summoning order dated 07.12.2023 passed by Learned Court of Additional Chief Judicial Magistrate – 2, Lucknow in case no.141073/2023, arising out of the case crime no. 194/2023, under sections- 498 A, 406, 420, 323 of IPC and 3 / 4 D P Act, police station – Aliganj, District – Lucknow. Petitioner further prays to quash the entire criminal proceedings in Case No.141073/2023, arising out of the Crime No. 194/2023, under Sections 498 A, 406, 420, 323 of IPC and 3 / 4 D.P. Act, Police Station – Aliganj, District – Lucknow registered as "State of U.P. Versus Abhinav Singh and Others".

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Learned counsel for the applicant submitted that the genesis of the prosecution in question is matrimonial dispute and he further submitted that charge sheet was submitted by the Investigating Officer and thereafter present petition was filed and during the pendency of the present petition issue was resolved amicably between the parties and he also informed that the petition under Section 13 B of the Hindu Marriage Act was also filed in which certain directions were issued and thereafter on 03.9.2025 issue was amicably settled with the condition that Abhinav Singh, petitioner no.2 will pay Rs.1,15,00,000/- for the expenses and maintaining his daughter Nyra Singh.

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As all the amount has already been given to the private respondent which was observed by the learned Principal Judge, Family Court in the order dated 03.9.2025.

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A482 No. 3346 of 2025

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As the issue has already been resolved, therefore, the trial of the case in question would be futile one. In the circumstances impugned proceedings may be quashed.

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Mr. Anurag Shukla, learned counsel for respondent no.2 does not dispute this fact that the issue was amicably settled between the parties and he has no objection in case the impugned proceedings are quashed.

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Considering the submissions of learned counsel for the parties and going through the contents of the petition as well as other material including the order dated 03.9.2025 passed by Principal Judge, Family Court in case no.793/2023 [Abhinav Vs. Mrinal], as the foundation of case in question is matrimonial dispute and the issue has already been resolved and Rs.1,15,00000/- has already been paid by the husband as per the Settlement, therefore, this Court is of the view that pendency of the trial would be futile one. Accordingly impugned proceedings are hereby quashed.

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Registry is directed to communicate this order to the learned court below.

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October 7, 2025 mks

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(Rajeev Singh,J.)

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Jai Vir Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Jai Vir Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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