Dharmendra Kumar ( in Fir Dharmendra Kumar Pandey ) and 3 Others vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

APPLICATION U/S 482 No. - 8831 of 2025

¶3

Dharmendra Kumar ( In Fir Dharmendra Kumar Pandey ) And 3 Others

¶4

.....Applicant(s)

¶5

Versus

¶6

State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Manmohan Singh, Ashrut Singh, Sandeep Kumar Ojha Counsel for Opposite Party(s) : G.A.

¶7

Court No. - 14

¶8

HON'BLE RAJEEV SINGH, J.

¶9

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

¶10

2. The present application is filed with the prayer to quash the entire proceedings of Criminal Case No.8801 of 2022 (State Vs. Dharmendra Dubey & Ors.) pending before the learned Chief Judicial Magistrate, Court No.16, Sultanpur arising out of Case Crime No.945 of 2021 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station - Kotwali Nagar, District - Sultanpur.

¶11

3. On 19.11.2025, following order was passed :-

¶12

"1. Heard learned counsel for the applicants and learned A.G.A. for the State.

¶13

2. This application has been filed with the following prayer:-

¶14

"To quash the entire proceedings of the Criminal Case No. 8801 of 2022 (State Versus Dharmendra Dubey and others) pending before the learned Chief Judicial Magistrate, Court No. 16, Sultanpur arising from Case Crime No. 945 of 2021 under Sections 498-A, 323, 504, 506 of I.P.C. and 3, 4 of the Dowry Prohibition Act, 1961 registered at Police Station- Kotwali Nagar, District- Sultanpur."

¶15

3. Learned counsel for the applicants submits that marriage of the applicant no.1 was solemnized with the private respondent and due to some trivial

¶16

A482 No. 8831 of 2025

¶17

2

¶18

issues arose between them, the F.I.R. of the case in question was lodged. The charge-sheet was submitted by the Investigating Officer against the applicant no.1 as well as other in-laws of the private respondent.

¶19

It is further submitted that a petition was filed u/s 125 Cr.P.C. by the private respondent, in which, the issue has already been resolved by way of compromise, but she is not cooperating for signing the settlement agreement in the present case, hence, indulgence of this Court is required.

¶20

4. Learned A.G.A. vehemently opposes the prayer of the applicants. He submits that as per enclosures, it is apparent that amount of Rs. 2,50,000/was paid in the maintenance case. He further submits that the charge-sheet has already been submitted in the present case after collecting sufficient evidence, hence, no interference is required.

¶21

5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that genesis of prosecution in question is matrimonial dispute arose between the applicant no.1 and the private respondent. Therefore, possibility of settlement cannot be ruled out.

¶22

6. In view of above, the matter requires consideration.

¶23

7. List this case on 08.12.2025.

¶24

8. On the next date, the applicant no.1 and the private respondent shall appear in person before this Court.

¶25

9. Station House Officer, Police Station- Kotwali Nagar, District- Sultanpur is directed to ensure the presence of the private respondent- Smt. Shivangi Dubey, w/o Dharmendra Kumar Pandey, d/o Ved Prakash Dubey, r/o C-81, Police Line Colony, P.S.- Kotwali Nagar, Sultanour, before this Court on the next date of listing.

¶26

10. The applicant no.1 is directed to deposit amount of Rs. 10,000/- within one week from today before Senior Registrar of this Court.

¶27

11. Till the next date, no coercive action shall be taken against the applicants. 12. In case the aforesaid amount is not deposited by the applicant no.1 within the stipulated time, the interim protection will not be available to the applicants."

¶28

In pursuance of aforesaid order, applicant no.1 as well as private respondent are present and they jointly informs that matrimonial issue has been resolved between the parties by way of settlement agreement.

¶29

The private respondent requested that proceedings against the

¶30

A482 No. 8831 of 2025

¶31

3

¶32

applicants may be quashed.

¶33

Considering the submissions of both the parties, going through the contents of the application, order dated 4.7.2024 passed by the Principal Judge, Family Court, Sultanpur, it is evident that issue between the parties have already been resolved, therefore, trial of the case in question is futile one and same is liable to be quashed.

¶34

In view of the above, the present application is allowed and impugned proceeding is hereby quashed.

¶35

(Rajeev Singh,J.)

¶36

December 8, 2025

¶37

GauraV/-

¶38

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Dharmendra Kumar ( in Fir Dharmendra Kumar Pandey ) and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar ( in Fir Dharmendra Kumar Pandey ) and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Hari Bhawan Singh and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

Pranjul Bajpai and 2 Others Vs State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko. and Another

Siraj and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Sarvajeet vs State of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lko.

Haroon Khan vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

Trivendra Kumar Singh vs State of U.P. Thru. Prin. Secy. Transport U.P. Lko. and 4 Others