The court emphasized the importance of amicable resolution in matrimonial disputes and quashed proceedings due to lack of substantial evidence supporting the allegations.

Hon'ble Sanjay Kumar Pachori,J.

1. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 1885 of 2021 (State vs. Akash Nigam and others), arising out of Case Crime No. 383 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, P.S. Kareli, District- Prayagraj, as well as cognizance/summoning order dated 10.5.2021, pending in the Court of Chief Judicial Magistrate, court no. 4, Prayagraj.

2. Brief facts of the case on the basis of First Information Report dated 10.5.2021 are that the marriage of opposite party no. 2 was solemnized with applicant no. 4 Akash Nigam as per Hindu rites and rituals and after sometime due to some personal reasons the relation between the couple became worse from bad and in the lack of marital harmony the relation became distressful. Thereafter due to intervention of some senior and civilized citizen of the society both applicant no. 4 and opposite party no. 2 agreed to dissolve their marriage and decided to live separately. The applicant no. 4 has given Rs. 35,00,000/- (Rs. thirty five lacs only) to opposite party no. 2 as permanent alimony through Bank Draft No. 645267, dated 20.1.2022 issued by State Bank of India, Gomti Nagar Branch. The applicant no. 4 and opposite party no. 2 have resolved to put an end to their dispute and greed to file a mutual divorce petition under Section 13(B) of the Hindu Marriage Act, 1955.

3. Learned counsel for the parties has submitted that both the parties have settled their matrimonial dispute amicably by way of mutual divorce under Section 13(B) of the Hindu Marriage Act, 1955, in which a decree of mutual divorce has been passed by learned Additional Chief Judicial Magistrate, Family Court, Court no. 2, Allahabad on 24.08.2022. It is further submitted that all the disputes between the parties have been settled and decree of divorce has been filed a Annexure-SA1 to the supplementary affidavit dated 23.09.2022.

4. In view of the fact that the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

5. Learned A.G.A. as well as learned counsel for the opposite party no. 2 supported the decision and reasoning adopted by the trial court.

6. Heard Sri Chandra Shekhar Agnihotri, learned counsel for the applicants, Sri Saurabh Srivastava, learned counsel for the private opposite party no. 2 and Smt. Ladli Pandey, learned A.G.A. for the State and perused the material on record.

7. Before considering the rival submissions of the parties, it is apposite to consider the settled position of law.

8. In Geeta Mehrotra & Another Vs. State of U.P. & Another 2012 (10) SCC 741, the Supreme Court observed after dealing the misuse of provision of Section 498-A of I.P.C. against the relatives of the husband in paragraph no. 20, which is extracted below:

"20. It would be relevant at this stage to take note of an apt observation of this Court recorded in the matter of G.V. Rao vs. L.H.V. Prasad & Ors. reported (2000) 3 SCC 693 wherein also in a matrimonial dispute, this Court had held that the High Court should have quashed the complaint arising out of a matrimonial dispute wherein all family members had been roped into the matrimonial litigation which was quashed and set aside. Their Lordships observed therein with which we entirely agree that:

"there has been an outburst of matrimonial dispute in recent times. Marriage is a sacred ceremony, main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rende