The trial court erred in rejecting an application for withdrawal of prosecution by focusing solely on the probability of conviction. It is legally incumbent upon the court to evaluate the government's provided grounds for withdrawal to ensure the application is made in good faith.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Heard Mr. Sunil Dixit, learned counsel for the applicants, Mr. Sabih Ahmed, learned counsel for the opposite party no.2, and Mr. Nirmal Kumar Pandey, learned AGA for the State.

2. Present application has been filed with the prayer to quash the order dated 2.01.2025 passed by the learned Judicial Magistrate III Lucknow, arising out of Case Crime No. 221/2020, under Section 506 IPC & 3/4 D. P. Act, Case No. 33178/2021, (State Versus Damyanti & others), relating to Police Station Madiyanw, District Lucknow, pending in the court of Additional Chief Judicial Magistrate 8th Lucknow and order dated 18.02.2026 passed in Criminal Revision No. 702/2025 (Smt. Poonam Singh & others Versus State of U.P. & another). Further prayer is to quash the entire proceedings of Case No. 33178/2021, Case Crime No. 221/2020, under Section 506 IPC & 3/4 D. P. Act, (State Versus Damyanti & others), relating to Police Station Madiyanw, District Lucknow, pending in the court of Additional Chief Judicial Magistrate 8th Lucknow.

3. The brief factual matrix of the case is that the FIR was instituted on 10.3.2020, against the petitioners, which was registered as FIR No.221 of 2020, under Section 506 IPC and 3/4 Dowry Prohibition Act, at Police Station Madiyanw, District Lucknow. The allegation in the FIR was that the marriage of the daughter of the opposite party no.2 was fixed with petitioner no.3 and thereafter, the engagement also took place on 19.6.2019, but the petitioners started demanding more dowry, and therefore, there was denial of performance of marriage. After the registration of the FIR, the Investigating Officer recorded the statement of the informant under Section 161 CrPC, and on the basis of the oral statement of the complainant and his family members, the charge sheet has been filed.

4. In the meantime, an application under section 482 CrPC bearing No.4958 of 2021 was also instituted on 2.12.2021 before this Court for quashing of the charge sheet and the summoning order, wherein this Court has passed the order dated 2.12.2021, with liberty to the petitioners to move discharge application before the trial court, which was instituted by the petitioners, but the same was rejected. The said order was challenged by the petitioners in application under section 482 CrPC bearing No.6710 of 2022, which was finally decided on 23.9.2022. The petitioners applied for bail, and they were released on bail.

5. During the pendency of the trial, the State Government had given consent to the Assistant Public Prosecutor to file an application under section 321 CrPC for withdrawal of the prosecution, vide its letter dated 4.1.2024, and in furtherance of the same, the Assistant Public Prosecutor filed an application on 12.3.2024 before the Judicial Magistrate-II, Lucknow, for withdrawal of the prosecution. The trial court allowed the application on 21.5.2024, moved by the Assistant Public Prosecutor under section 321 CrPC, which was assailed by the other side, while instituting a criminal revision bearing No.429 of 2024, before the Sessions Judge, Lucknow, which was allowed and the matter was remitted back to the Magistrate to rehear the application dated 12.3.2024 instituted by the Assistant Public Prosecutor.

6. The trial court reheard the application of the public prosecutor and rejected the same, vide order dated 2.1.2025, which was again challenged by the petitioner