HARSHIT RAJ SANGAM AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

       HIGH COURT OF JUDICATURE AT ALLAHABAD
            APPLICATION U/s 482 No. - 1651 of 2025

Harshit Raj Sangam and 2 others
                                                    …..Applicant(s)

                             Versus

State of U.P. and another
                                               …..Opposite Party(s)


Counsel for Applicant(s)      : Ashwani Kumar Mishra, Sandeep
                                Kumar Keshari, Vivek Srivastava
Counsel for Opposite Party(s) : Sheetala Prasad Pandey, G.A.


ALONG WITH

1. APPLICATION U/s 482 No. -15132 of 2024

2. CRIMINAL REVISION No.2212 of 2024

Court No. - 52

            HON'BLE MRS. MANJU RANI CHAUHAN, J.

1.   Heard Mr. Ashwani Kumar Mishra, learned counsel for the
applicants, Mr. Sheetala Prasad Pandey, learned counsel for
opposite party no.2 and Mr. P.K. learned counsel for the State and
perused the record.
2.   This application under Section 482 Cr.P.C. has been filed by
the applicants to quash the summoning order dated 28.9.2023
passed by the Judicial Magistrate/F.T.C. (crime against women),
Basti in Case No. 869of 2023, arising out of Case Crime No. 211 of
2023, under sections 498A, 323, 504, 506 I.P.C. and section 3/4
D.P. Act, P.S. Kotwali, District-Basti, as well as chargesheet dated
3.8.2023.
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                                                       A482 No. - 1651 of 2025

3.    On the earlier occasions, the following orders have been
passed on the respective dates:-
      “On 21.01.2025
      Heard learned counsel for the applicants as well as learned
      A.G.A. for the State.
      Learned counsel for the applicants submits that there are chances
      of amicable settlement between the parties, therefore, the matter
      may be referred to the Mediation Centre. In order to show his
      bona fide, he is ready and willing to come up with a draft of
      Rs.15,000/- in the name of Registrar General A/c, Allahabad
      High Court Mediation & Conciliation Centre on the next date.
      Put up this case, as fresh, on 10.02.2025.
      On the said date, learned counsel for the applicants is directed to
      come up with a draft of Rs.15,000/- in favour of Registrar
      General A/c, Allahabad High Court Mediation & Conciliation
      Centre.
      On 10.02.2025
      Mr. S.P. Pandey, Advocate has filed his Vakalatnama on behalf
      of opposite party no. 2, which is taken on record.
      Heard Mr. Ashwani Kumar Mishra, learned counsel for the
      applicants, Mr. Sheetala Prasad Pandey, learned counsel for
      opposite party no.2 and learned A.G.A. for the State.
      This application under Section 482 Cr.P.C. has been filed by the
      applicants to quash the summoning order dated 28.9.2023
      passed by the Judicial Magistrate/F.T.C. (crime against women),
      Basti in CAse No. 869of 2023, arising out of Case Crime No.
      211 of 2023, under sections 498A, 323, 504, 506 I.P.C. and
      section 3/4 D.P. Act, P.S. Kotwali, District-Basti, as well as
      chargesheet dated 3.8.2023.
      Learned counsel for the applicants submits that there are chances
      of amicable settlement between the parties.
      Learned counsel for the opposite party no. 2 has raised an
      objection for sending the matter to the Medication Centre. He
      made a request that the matter may be mediated by this Court
      seeking the future of child and the observation made by Hon'ble
      Apex Court the propitiatory should be given.
      Learned counsel for the applicants to show his bonafide, has
      come up with a Demand Draft of Rs. 15,000, dated 31.1.2025,
      bearing Cheque No. 263364, issued from State Bank of India,
      Basti, in favour of RGACHCMCC, which has been returned to
      him today.
      List this case as fresh on 03.03.2025.
      On that date, learned counsel for the parties may ensure the
      presence of their respective parties before this Court.
      Till the next date of listing, no coercive action shall be taken
      against the applicants in the aforesaid case.
      On 03.03.2025
      Heard Mr. Ashwani Kumar Mishra, learned counsel for the
      applicants, Mr. Sheetala Prasad Pandey, learned counsel for the
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                                                 A482 No. - 1651 of 2025

opposite party no.2 and Mr. Mayank Awasthi, learned Counsel
for the State.
In compliance of order dated 10.02.2025, applicant no.1 Harshit
Raj Sangam is present before this Court along with his father
Dev Narayan, applicant no.2, and have been identified by their
counsel.
The opposite party no.2 Smt. Khusbu is also present before this
Court along with her younger brother Sanjay and has been
identified by her counsel.
The Court in presence of the aforesaid respective counsels
mediated this matter in open Court and in chamber also. After
deliberations both the parties i.e. applicant no.1 Harshit Raj
Sangam and opposite party no.2 Smt. Khusbu have decided to
stay together. Opposite party no.2 is ready and willing to go
along with her husband.
Husband has promised not to harass his wife in any manner and
has assured this Court that he will not beat her in any situation
come what may. He will maintain her and look after her needs as
well as take care of his child, who is six and half years old and is
studying in class UKG. The opposite party no.2 has also
promised to take care of her in-laws in case her husband
cooperates in any manner with her. Though she doubted about
the assurance given by husband but when convinced by the
Court as well as the counsels, she has agreed to go along with
her husband.
In view of above, applicant no.1 Harshit Raj Sangam is directed
to go along with his father to the parents' place of opposite party
no.2 Smt. Khusbu, at Village- Kusha Patti Prithi, Post-Kothwa,
P.S. Nagar Barar, District-Basti, on 17.03.2025 for her Vidai, in
the evening hours. Husband will take his wife to the place where
he is residing presently, i.e Vivekanad Colony Rautapar, Police
Station-Kotwali, District-Basti, U.P.
The opposite party no.2 is directed that in case her husband and
father-in-law come for her Vidai, no family members will
misbehave with them and will welcome them as per the customs
in practice. Husband and father-in-law are also expected to make
convenient the stay of Smt. Khusbu at her Sasural by managing
the affairs as required by her, which includes the education of
child.
In such circumstances, this Court feels that both applicant no.1
Harshit Raj Sangam and opposite party no.2 Smt. Khusbu will
cooperate with each other to make congenial and peaceful
atmosphere in the house. In case of any difficulty by any of
them, they shall not take any steps without informing their
respective counsels.
Put up as fresh on 18.04.2025 for further hearing.
Till 18.04.2025, interim order granted earlier is extended.
On the said date, applicant no.1 Harshit Raj Sangam will come
along with his wife Smt. Khusbu before this Court to share their
experience.
The demand draft of Rs.15,000/- dated 31.01.2025 bearing
no.263364 issued by State Bank of India, Branch-Court Area,
Basti, is taken on record.
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                                                 A482 No. - 1651 of 2025

Office is directed to place the aforesaid draft before Registrar
General of this Court, after retaining the photo-copy of the same,
which shall be handed over to the opposite party no.2 Ms.
Khusbu, in case she moves an application before the Registrar
General of this Court, after verifying her identity.
The amount of Rs.15,000/- shall be adjusted in the amount
towards payment of maintenance as directed by the Court in
maintenance case pending before the Court concerned.
On 18.04.2025
In compliance of earlier order of this Court dated 3.3.2025,
applicant no.1 Harshit Raj Sangam has come along with his wife
Smt. Khusbu before this Court and have been identified by their
counsels. They shared their experience that they are staying
together happily. Some difficulties have been shared by the
wife, on which both of them undertake to sort out, by the next
date fixed.
On the joint request of the parties, put up this case, as fresh on
23.05.2025.
On the said date, applicant no.1 Harshit Raj Sangam and his
wife Smt. Khusbu shall remain present before this Court to
share their experience.
On 23.05.2025
Supplementary affidavit filed by learned counsel for the
applicants today in the Court, is taken on record. Office is
directed to register the same.
In compliance of the earlier order dated 18.04.2025, the
applicant no.1, namely, Harshit Raj Sangam and the opposite
party no.2, namely, Smt. Khusbu are present in the Court today,
who have been identified and their signatures have also been
attested by their respective counsels.
The opposite party no.2, Smt. Khusbu states that she had gone to
attend the marriage of a family friend, which is located near her
parents' place. Smt. Khusbu has come before this Court directly
from her parents' place as she was there for the aforesaid
purpose, however, from here, she will be going along with her
husband; Harshit Raj Sangam. She has also stated about being
beaten by her husband in the bedroom in the night hours.
However, the aforesaid fact has been denied by her husband;
Harshit Raj Sangam stating that he is cooperating in every way
as per the wishes of his wife. He would never think of flouting
the orders of this Court as he respects all the orders as passed by
this Court as well as whatever directions are being given during
course of mediation. He also stated that his wife goes to work in
a beauty parlor and he provides all assistance to drop her there
whenever required. He is bothered about his son's future,
therefore, he is ready to cooperate with his wife to any extent for
the well-being of the family.
Learned counsel for the parties also request that a chance may be
given to sort out the differences and overcome the difficulties,
which are there between the two.
This Court directs that the Opposite Party No.2; Smt. Khusbu to
go alongwith her husband; Harshit Raj Sangam to his place and
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                                               A482 No. - 1651 of 2025

after taking permission from her in-laws/husband, she will go to
help her mother as has been informed by her that her mother has
to undergo some operation.
It is also directed that the police personnel of the concerned
Police Station-Kotwali shall go once in a week to enquire about
the couple. In case of any difficulty, the parties shall informed
their respective counsels, who shall inform the Court by moving
an application.
The parties are hereby directed to inform their respective
counsels in the lower courts to refrain from pressing any
proceedings in pending cases till the pendency of mediation
proceeding. Additionally, the parties shall apprise the concerned
courts of the ongoing mediation proceedings before this Court
and request that no adverse actions be taken against either party
in any cases filed against each other.
Put up this case on 14.07.2025, as fresh, alongwith connected
matter.
This order has been passed in the presence of Mr. Ashwani
Kumar Mishra, learned counsel for the applicants, Mr. Sheetala
Prasad Pandey, learned counsel for the opposite party no.2 and
Mr. Mayank Awasthi, learned counsel for the State.
On the said date, the applicant no.1 and opposite party no.2 will
remain present before this Court to share their experience on the
next date.
Learned counsel for the parties shall ensure presence of their
respective parties.
Interim order, if any, is extended till the next date of listing.
On 14.07.2025
Heard Mr. Ashwani Kumar Mishra, learned counsel for the
applicants, Mr. Sheetala Prasad Pandey, learned counsel for the
opposite party no.2 and Mr. Amit Singh Chauhan, learned AGA-
I assisted by Mr. Mayank Awasthi, learned counsel for the State.
In compliance of the earlier order dated 23.05.2025, the
applicant no.1 namely, Harshit Raj Sangam and the opposite
party no.2, namely, Smt. Khusbu Prajapati are present in the
Court today, who have been identified and their signatures have
also been attested by their counsels.
Though husband and wife are living happily, however, wife
requests to keep the matter pending as there are some petty
issues, which have to be settled between them.
As prayed, put up this case on 15.10.2025, as fresh.
Interim order, if any, is extended till the next date of listing.
On 15.10.2025
In compliance of earlier order of this Court, applicant no.1,
Harshit Raj Sangam and opposite party no.2, Smt. Khusbu
Prajapati, are present before this Court and have been identified
by their respective counsels. They state that they are living
happily, however, the opposite party no.2, wife, requests that
some more time may be granted for understanding each other.
The other conditions as mentioned in the previous orders shall
be followed by the parties.
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                                                  A482 No. - 1651 of 2025

Mr. P.K. Singh, learned A.G.A. for the State, is directed to send
computerized copy of the orders to the concerned police station,
who will take care of the situation and inform to learned A.G.A.
about the development between the parties.
Put up as fresh on 16.04.2026.
Interim order, if any, is extended till the next date of listing.
The parties shall remain present before this Court on the next
date to share their experience.
On 16.04.2026
1. Heard Mr. Ashwani Kumar Mishra, learned counsel for the
applicants, Mr. Sheetala Prasad Pandey, learned counsel for
opposite party no.2 as well as Mr. Satyendra Tiwari, learned
AGA for the State.
2. In compliance of order dated 15.10.2025, applicant no.1,
namely, Harshit Raj Sangam and opposite party no.2, namely,
Smt. Khusbu Prajapati are present before this Court and have
been identified by their respective counsels.
3. Both the parties request for further time to sought out their
differences and maintain cordial relationship.
4. Put up this case, as fresh, on 22.07.2026.
5. The applicant no.1 as well as opposite party no.2, shall remain
present before this Court on the next date in order to share their
experience.
6. Interim order, if any, is extended till the next date of listing.
7. The aforesaid order has been passed in open Court.
On 22.07.2026
Heard Mr. Ashwani Kumar Mishra, learned counsel for the
applicants, Mr. Sheetala Prasad Pandey, learned counsel for
opposite party no.2 as well as Mr. P.K. Singh, learned AGA for
the State.
In compliance of order dated 16.04.2026, applicant no.1,
namely, Harshit Raj Sangam is present before this Court and has
been identified by his counsel. Learned counsel for opposite
party no.2 submits that grand-mother of opposite party no.2 has
expired, therefore, she has not been able to appear before this
Court.
Learned counsel for the applicants informs that applicant no.1
and opposite party no.2 are living happily, however, both the
counsels request for time so that statements of applicant no.1
and opposite party no.2 can be recorded. Learned counsel for the
applicants informs the Court that Applicant No. 1 and Opposite
Party No. 2 are living together happily. However, counsel for
both sides request time so that the statements of Applicant No. 1
and Opposite Party No. 2 may be recorded.
Accordingly, put up this case, as fresh, on 11.08.2026, along
with connected matter.
This Court directs that applicant no.1 as well as opposite party
no.2, shall remain present before this Court on the next date.
Interim order, if any, is extended till the next date of listing.
On 11.08.2026
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                                                A482 No. - 1651 of 2025

1. In compliance of order of this Court dated 22.7.2026,
applicant No.1, namely, Harshit Raj Sangam is present before
this Court alongwith his wife opposite party no.2, namely, Smt.
Khushboo Prajapati. They have shared their experience that they
are living happily together. However, they have sought further
time to amicably resolve their minor differences.
2. In view of experience shared by the applicant no.1 as well as
opposite party no.2 before the Court, learned counsel for the
applicant as well as learned counsel for the opposite party no.2
are directed to file affidavit mentioning the terms and conditions
on which the parties have decided to stay together happily and
file the same by the next date fixed.
4. Opposite Party No. 2 submits that the demand draft earlier
handed over by the petitioner has since expired. She further
submits that the amount may be paid to her by way of a fresh
and valid demand draft on or before the next date of hearing.
5. Put up this case as fresh on 7.9.2026.
On 07.09.2026
1. In compliance of the order dated 11.08.2026, applicant No.1,
namely, Harshit Raj Sangam and opposite party No.2, namely,
Smt. Khushbu Prajapati have appeared together before this
Court. They are represented by their respective counsel, Mr.
Ashwani Kumar Mishra and Mr. Sheetala Prasad Pandey.
2. The parties request further time to develop understanding
between them.
3. Opposite party No. 2, Smt. Khushbu Prajapati, states that her
entire jewellery has been taken by her husband and requests that
the same may be returned. She is also ready to give an
undertaking that she will not run away with the jewellery and
will always remain with her husband and in-laws and perform
all her duties as wife of applicant No. 1 and daughter-in-law of
the other applicants.
4. The Court is of the opinion that ample time has already been
granted to the parties and, while sitting in civil jurisdiction
relating to Basic Education matters and having a heavy Board,
this Court had already observed in open Court that on the next
occasion no further time shall be granted to the parties; either
they shall appear without any differences before this Court, or
the Court shall release the matter to be heard by the appropriate
Bench having jurisdiction.
5. Today also, time was given to the parties and at about 1:15
PM, counsel for the parties came up with a request to post the
matter after one week.
6. This Court finds that vide earlier order dated 11.08.2026, a
valid demand draft was to be produced by applicant No. 1 when
asked for the same, applicant No. 1 has not brought the draft
along with him. On the earlier occasion also, he had taken one
excuse or the other so that the amount of Rs. 15,000/-, which
was to be paid to opposite party No. 2 in order to maintain her,
had not been brought by him. Today, even the old draft has not
been brought by applicant No. 1, which shows his intention to
mislead the Court and the same amounts to contempt.
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                                                  A482 No. - 1651 of 2025

7. However, as opposite party No. 2 has an intention to end this
matter and go along with her husband, this Court refrains itself
from sending applicant No. 1, Harshit Raj Sangam, to jail by
taking him into judicial custody, as the same will ruin the life of
opposite party No. 2.
8. The matter is posted for tomorrow with a direction to
applicant no. 1 to bring the old draft as well as Rs. 15,000/- in
cash to be given to his wife, opposite party no. 2. In case of
failure to do so, the Court shall direct applicant no. 1 to be taken
into judicial custody.
9. The applicant no.1, namely, Harshit Raj Sangam and opposite
party no.2, Smt. Khushbu Prajapati shall remain present before
this Court.
10. Put up this case tomorrow, i.e. 08.09.2026 at 12:00 PM as
fresh.
11. The aforesaid order has been passed in the presence of
applicant no. 1 and opposite party no. 2 and their respective
counsel.
On 08.09.2026
The      matter      was       taken      up    at     12:15     P.M.
In compliance of order dated 07.09.2026, the applicant no. 1 -
Harshit Raj Sangam and O.P. No. 2 - Smt. Khushbu are present
before this Court. They are represented by Mr. Ashwani Kumar
Mishra and Mr. Sheetala Prasad Pandey, learned Advocates.
As directed by this Court, the applicant no. 1 has come up with
the old Demand Draft No. 263364 dated 31.01.2025 of Rs.
15,000/-, issued by State Bank of India, Court Area Branch,
Basti in favour of Registrar General A/c, AHCM & C Centre,
and also cash of Rs. 15,000/-.
This Court raised a query to O.P. No. 2 as to whether she wants
to stay with her husband happily and end the matter or wants to
proceed with the case. She stated before the Court that in case
jewelry is returned by the applicant, she has no issue in staying
with her husband. She also stated before the Court that on every
occasion except one, she came along with the applicant no. 1
(husband).
This Court is of the view that ample time has been given to the
parties to settle the matter. The applicant no. 1 has shown his
bonafide by coming up with old draft of Rs. 15,000/- which was
earlier directed by this Court by order dated 10.02.2025. He has
also come up with Rs.15,000/- cash, out of which the applicant
no.1 is directed to give Rs.5,000/- to the O.P. No. 2. As this
Court is sitting in civil jurisdiction, the matter stands released.
The O.P. No. 2 is granted four weeks' time to file counter
affidavit.
Mr. P.K. Singh, learned counsel for the State may also file
counter within the same period. Rejoinder affidavit, if any, may
be filed within two weeks thereafter.
List thereafter before appropriate Court. Until further orders of
this Court, proceedings pursuant to summoning order dated
28.09.2023 as well as chargesheet dated 03.08.2023 shall remain
stayed.
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                                                         A482 No. - 1651 of 2025

      The O.P. No. 2 is at liberty to stay with her husband (applicant
      no.1) or to stay at her maternal place. Insofar as the demand
      draft is concerned, as the matter has now been released to be
      heard on merits, it is returned to the applicant no. 1.
      After passing of aforementioned order, learned counsel for the
      parties came in Chambers around 04:15 P.M. along with the
      applicant no. 1 and O.P. No. 2, to state that the parties have
      decided to stay together.
      In view of the aforesaid development, this Court directs that
      learned counsel for the parties may file a joint affidavit in this
      regard by the next date.
      It is further directed that the demand draft be returned to the
      applicant no. 1. The concerned Bank is also directed to cancel
      the said draft and return the amount to the applicant no. 1. Today
      Mr. Dev Narayan (applicant no. 2) is also present, who has
      promised before the Court that he will take care of his grandson.
      Put up this case on 21st September, 2026 as fresh.
      Interim order, granted earlier, is extended till the next date of
      listing.”
3.   In compliance of the aforesaid order dated 08.09.2026, joint
affidavit has been filed on behalf of the parties, which is taken on
record.
4.   Learned counsel for the parties submit that, in the aforesaid
join affidavit, the parties have agreed to stay together on the
following terms and conditions:-
          “(i) The husband undertakes to take care of his wife and fulfill
          all essential requirements and amenities to her in future.
          (ii) The parents or family member of both the parties will not
          interfere in the married life of husband and wife.
          (iii) It has also been agreed between the parties that all the
          cases filed by them against each other or their family
          members regarding present matrimonial dispute shall be
          withdrawn by the parties concerned by taking appropriate
          steps before the Court/authority concerned.
          (iv) The parties will not file any fresh case against each other
          or their family members in respect of present matrimonial
          dispute.
          (v) It has been agreed between the parties that they shall not
          violate the terms and conditions of this settlement.”
5.   Learned counsel for the parties submit that on account of
compromise entered into between the parties concerned, all disputes
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between them have come to an end, and therefore, entire
proceedings against the applicants in the aforesaid case is liable to
be quashed by this Court.
6.     Learned Counsel for the State does not dispute the aforesaid
fact and submitted at the Bar that since the parties concerned have
settled their dispute as mentioned in the joint affidavit filed by
learned counsel for the parties, therefore, he has no objection in
quashing the impugned criminal proceedings against the applicants.
7.     Before proceeding any further it shall be apt to make a brief
reference to the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC
675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC
677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
8.     In the aforesaid judgments, the Apex Court has categorically
held that compromise can be made between the parties even in
respect of certain cognizable and non compoundable offences.
Reference may also be made to the decision given by this Court in
Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC
278, in which the law expounded by the Apex court in the aforesaid
cases has been explained in detail.
9.     Considering the facts and circumstances of the case, as noted
herein above, and also the submissions made by the counsel for the
parties, the court is of the considered opinion that no useful purpose
shall be served by prolonging the proceedings of the above
mentioned criminal case as the parties have already settled their
dispute.
10.    Accordingly, in view of the settlement between the parties as
mentioned in the joint affidavit filed on behalf of the parties, the
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                                                                                   A482 No. - 1651 of 2025

                            proceeding of summoning order dated 28.9.2023 passed by the
                            Judicial Magistrate/F.T.C. (crime against women), Basti in Case No.
                            869 of 2023, arising out of Case Crime No.211 of 2023, under
                            sections 498A, 323, 504, 506 I.P.C. and section 3/4 D.P. Act, P.S.
                            Kotwali, District-Basti, as well as charge-sheet dated 03.08.2023 is
                            hereby quashed.
                            11.         The application u/s 482 No.1651 of 2025 is, accordingly,
                            allowed.
                            12.         A copy of this order be sent to the lower court forthwith.
                            13.         Needless to say that opposite party no.2 Smt. Khusbu, shall
                            take care of her in-laws at her husband’s place.




                                                                         (Mrs. Manju Rani Chauhan,J.)

                            September 21, 2026
                            Rahul




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad