Shubham Singh Alias Deepu and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:35098

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4672 of 2025

Applicant :- Shubham Singh Alias Deepu And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Sunil Kumar Sinha,Rajesh Kumar Pathak

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Counsel for Opposite Party :- G.A.,Aakash Srivastava,Jairam Srivastava

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Hon'ble Rajeev Singh,J.

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On 05.06.2025, following order was passed:

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"1. Mr. Akash Srivastava, Advocate has filed Vakalatnama on behalf of opposite party no. 2 along with counter affidavit today in Court, which is taken on record.

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2. Heard learned counsel for applicant, Mr. Akash Srivastava, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the material available on record.

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3. By means of the present application under Section 528 of the Bhartiya Nagarik Surkasha Sanhita, 2023 (482 Cr.P.C.), the applicants have sought following prayer:-

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"to quash the summoning order dated 30.08.2023 passed by learned Additional Chief Judicial Magistrate-I, Lucknow in Criminal Case No. 94239 of 2023 (State Vs. Shubham alias Deepu and others) arising out of Case Crime No. 0066 of 2023, under Sections 498-A, 323 & 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Kaiserbagh, District Lucknow and entire proceedings of the aforesaid case may also be quashed."

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4. Learned counsel for applicant submits on the basis of general and omnibus allegations, the FIR was lodged against all the family members and without considering it, charge sheet was filed by the Investigating Officer. It is further submitted that now the applicant no. 1 and opposite party no. 2 have settled their dispute and are residing together since 30.09.2023 and they have also a minor male child of four months out of said wedlock.

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5. Learned counsel for opposite party no. 2 does not dispute the aforesaid submissions made by learned counsel for applicants.

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6. The matter requires consideration.

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7. In view of above, applicant no. 1 - Shubham alias Deepu and opposite party no. 2 Smt. Vaishali Singh shall appear in person before this Court on 10.06.2025.

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8. List this case on 10.06.2025 as fresh showing the name of Mr. Akash Srivastava, as counsel for opposite party in the cause list.

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9. Till the next date of listing, the proceedings of Criminal Case No. 94239 of 2023 (State Vs. Shubham alias Deepu and others) arising out of Case Crime No. 0066 of 2023, under Sections 498-A, 323 & 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Kaiserbagh, District Lucknow pending in the court of Additional Chief Judicial Magistrate-I, Lucknow shall remain stayed so far as it relates to the applicants, namely, Shubham, Santosh Singh, Awadesh Chauhan and Saurabh Singh. "

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In pursuance of earlier order, applicant no.1- Shubham Singh, S/o Awadhesh Chauhan, R/o 173/12, Dr. B.N. Verma Road, P.S.- Kaiserbagh, District- Lucknow, AADHAR Card No.573644637559 and opposite party no.2- Smt. Vaishali Singh, W/o Awadhesh Chauhan, D/o Jaswant Singh, R/o Lakdi Mohal, Sahar Bazar Stall No.31, PS- Cantt., District- Lucknow, AADHAR Card No.983055529492.

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Applicant no.1 and opposite party no.2 have jointly informed that their marriage was solemnized on 01.02.2023 but due to some matrimonial dispute, FIR of case in question was lodged and presently they are living together and enjoying their matrimonial life. They also have one son aged about four months. Opposite party no.2 has also stated that she does not want to prosecute her husband (applicant no.1) and her in-laws and she has also requested that the alleged proceedings may be quashed.

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Learned counsel for the opposite party no.2 has also submitted that the opposite party no.2 is enjoying her matrimonial life with applicant no.1, therefore, the entire proceeding against the applicants may be quashed.

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Learned AGA also concedes the fact that the genesis of the prosecution is some matrimonial dispute and the said dispute has already been resolved between the parties.

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Considering the submissions of learned counsel for the parties, going through the contents of present application, F.I.R., statement of applicant no.1 as well as opposite party no.2 and other relevant materials, it is evident that the genesis

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of the prosecution is some matrimonial dispute, The said dispute has already been resolved between the parties and presently, applicant no.1 and opposite party no.2 are residing together and enjoying their married life, therefore, the prosecution in question will be futile one.

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In view of the above, the present application is allowed and the entire proceeding of Case No.94239 of 2023 (State Vs. Shubham @ Deepu and Ors.) , arising out of Case Crime No.0066/2023, under Sections 498A, 323, 506 IPC and Section 3/4 of DP Act, PS- Kaiserbagh, District- Lucknow pending before ACJM-I, Room No.27, Lucknow are hereby quashed.

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Office is directed to communicate this order to the trial court, forthwith.

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Order Date :- 10.6.2025 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Shubham Singh Alias Deepu and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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