Apoorv Srivastava and 2 Others Vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32356 of 2025

Apoorv Srivastava And 2 Others

	.....	Applicant(s)
	Versus
State of U.P. and Another	.	....Opposite Party(s)
Counsel for Applicant(s)	: Ramesh Chandra Swatantra Kumar Trip	Agrahari, athi
Counsel for Opposite Party(s)	: Hardev Singh, G.A.
Court No.- 79

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HON'BLE ANISH KUMAR GUPTA, J.

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Heard Sri Ramesh Chandra Agrahari, learned counsel for the applicants, Sri Hardev Singh, learned counsel for the opposite party no.2, and Ms. Harshita Rani, learned A.G.A. for the State.

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The instant application under Section 528 BNSS has been filed seeking quashing of the impugned charge-sheet dated 5.1.2021 alongwith the impugned cognizance order dted4..12.2021 passed by the Addl. Chief Judicial Magistrate-4, Allahabad as well as the entire proceeding of Case No. 1108 of 2021 (State vs. Apporv Srivastava and others), arising out of Case Crime No. 954 of 2020 under Sections 498A, 323, 504,506 and 406 I.P.C. and 3/4 D.P. Act, Police Station- Dhoomanganj, District- Prayagraj, pending in the court of learned Chief Judicial Magistrate-5, Allahabad in light of the compromise dated 16.7.2024.

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Learned counsel for the applicants submits that the applicant no. 1 is the husband of the Opposite Party No. 2 and there was a matrimonial dispute between them due to which the instant case has been filed by the Opposite Party No.2 against the applicants. However, during the pendency of the aforesaid case before the trial court, parties have settled their dispute amicably. A compromise deed dated 16.7.2024 was also executed between the parties and according to the said compromise, parties have agreed to dissolve their marriage by filing application under Section 13-B of the Hindu Marriage Act, which has already been filed.

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Learned counsel for the applicants submits that the parties have settled their dispute amicably before the court below vide settlement

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NA528 No. 32356 of 2025

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agreement dated 10.9.2025. It is further submitted that as per the agreement the applicants were required to pay Rs. 8 Lakh to opposite party No.2, but they could pay only Rs. 4 Lakh and the remaining amount was to be paid at the time of quashing of the proceedings of the case. Parties have already agreed to withdraw the aforesaid case filed against each other.

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Learned counsel for the applicants further submits that in terms of the said compromise, complaint under the provisions of the Domestic Violence Act as well as application under Section 125 Cr.P.C. have already been disposed off and in the said compromise, parties have already agreed to get the proceedings of the instant case quashed. Accordingly, the instant application has been filed seeking quashing of the entire proceedings of the instant case. Pursuant to the directions issued by this Court on 28.8.2025, applicants and Opposite Party No. 2 were directed to appear before the court concerned on 10.9.2025 and shall submit the compromise which shall be verified by the court concerned.

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Learned counsel for the Opposite Party No. 2 admits the aforesaid facts, execution of the compromise and its verification by the trial court vide order dated 10.9.2025 and supports the prayer to quash the entire proceedings of the aforesaid case.

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Learned counsel for the applicant as well as learned counsel for the Opposite Party No. 2 jointly pray for quashing of the entire proceedings of the instant case in terms of the settlement arrived at between the parties.

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Having regards to the facts and circumstances of the case, learned A.G.A. has not opposed the prayer of the applicants for quashing the entire proceedings of the instant case.

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Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the applicant is the husband of the Opposite Party No.2. There was a matrimonial dispute between them due to which the instant application has been filed and subsequent thereto the parties have settled their disputes amicably in terms of the compromise dated 16.7.2024

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Since it was a matrimonial dispute between the parties, which has been amicably settled and the compromise executed has been verified by the trial court, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding

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pending against the applicants herein. Thus, in the light of the judgment of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings entire proceeding of Case No. Case No. 1108 of 2021 (State vs. Apporv Srivastava and others), arising out of Case Crime No. 954 of 2020 under Sections 498A, 323, 504,506 and 406 I.P.C. and 3/4 D.P. Act, Police Station- Dhoomanganj, District- Prayagraj, pending in the court of learned Chief Judicial Magistrate-5, Allahabad are hereby quashed.

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October 13, 2025 n.u.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad

Apoorv Srivastava and 2 Others v. State of U.P. and Another

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