Viresh Alias Veerpal Vs State of U.P. and Another

Heard Ankit Yadav, learned counsel for the applicant, Sri Akhilesh Kumar Srivastava, on behalf of 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 482 Cr.P.C. has been filed seeking quashing of the Case No. 309 of 2011 (State vs. Viresh and Ors.) arising out of Case Crime No. 597 of 2010 under Sections 498-A, 323 I.P.C. and under Section 3/4 of the Dowry Prohibition Act, Police StationShasni Gate, District- Aligarh, pending in the Court of learned Judicial Magistrate, Court No.3, Aligarh.

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Learned counsel of the applicants submits that the opposite party no.2 is the wife of applicant herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicant herein. However, during the pendency of the said case, the parties have settled their disputes amicably and a compromise dated 26.02.2014 and the matter was settled between the parties through mediation and conciliation centre attached to the District Court, Aligarh on 26.02.2014, and according to the said settlement, the parties have resolved all their matrimonial disputes and they started living together as husband and wife. Despite the aforesaid settlement, the proceedings of the said case were not closed, due to which the instant application was filed

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NA528 No. 34069 of 2025

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by the applicant seeking quashing of the entire proceedings of the instant case.

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4. Vide order dated 09.09.2025, the Coordinate Bench of this Court has directed the parties to appear before the trial court for verification of compromise. As per the report received from the Judicial Magistrate, Court No. 03, District Aligarh, dated 09.10.2025, the parties had appeared before the trial court on 09.10.2025, and in presence of the parties, the compromise between the parties was verified. Thus, learned counsel for the applicant seeks quashing of the entire proceeding of the instant case on the basis of the settlement of matrimonial dispute and verification of compromise.

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5. Learned counsel for the opposite party no.2 do not dispute the aforesaid facts and admits the factum of settlement of dispute through mediation center and consequently execution of compromise and its verification through the trial court, pursuant to the directions issued by this Court.

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6. Having regard to the facts and circumstances of the case, learned A.G.A. do not oppose the prayer for quashing of the entire proceeding of the instant case.

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7. Having regard to this submission so made by learned counsel, this Court has carefully gone through the record of the case. From the record of the case it is apparent that due to the matrimonial dispute between the parties, the instant case was lodged by the opposite party no.2, which has been amicably settled long back on 26.02.2014 through intervention of the mediation center. Since then, parties are living together as husband and wife without any further dispute between them. Since all the matrimonial disputes have been resolved between the parties, no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants. The opposite party no.2 has also admitted the aforesaid facts and do not want to prosecute the instant case against the applicants herein.

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8. Thus, in the light of the judgments 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

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NA528 No. 34069 of 2025

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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 in Case No. 309 of 2011 (State vs. Viresh and Ors.) arising out of Case Crime No. 597 of 2010 under Sections 498-A, 323 I.P.C. and under Section 3/4 of the Dowry Prohibition Act, Police Station- Shasni Gate, District- Aligarh, pending in the Court of learned Judicial Magistrate, Court No.3, Aligarh, are hereby quashed .

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(Anish Kumar Gupta,J.)

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October 28, 2025 Shubham Arya

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Viresh Alias Veerpal v. State of U.P. and Another

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