Amir Kidwai Vs the State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Amir Kidwai Vs the State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: both parties to appear before the trial court within four weeks and file a compromise application; trial court to notify all signatories for personal presence and verify the compromise within six weeks; upon verification, a report to be made part of the trial-court record and sent to this Court, with certified copies available to the parties; applicant may approach this Court again for quashing once the compromise is verified; no coercive action for three months against the applicants in the complaint case; Office to return the original compromise deed to the applicant's counsel after retaining a photocopy on record.

Issue for consideration

Whether the entire proceedings of Crl. Case No. 80849 of 2025 (arising out of Case Crime No. 57 of 2025, under Sections 498-A, 323, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Bazarkhala, District Lucknow), pending before the Additional Chief Judicial Magistrate, Room No. 28, Lucknow, may be decided/quashed in terms of the parties' out-of-court compromise. +1 more

Court's answer

In view of the reported amicable settlement, the quashing application was disposed of with a direction to both parties to appear before the court concerned within four weeks and file their compromise application.

Ratio / Principle

Genuineness of the parties' compromise cannot be presumed from counsel's submissions alone; whether the parties have in fact compromised the matter can best be ascertained by the trial court, where the compromise must be duly verified in the presence of the parties.

Key takeaways

If the compromise application is filed, the trial court shall issue notices to all signatories to the compromise requiring their personal presence and shall verify the compromise within six weeks from that date.ratio¶17
Upon verification, a report shall be prepared making the compromise part of the record and reporting to this Court whether the said compromise took place; parties may obtain certified copies of the report and the compromise, and it remains open to the applicant to approach this Court again for quashing of the proceedings.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), single judge (Justice Brij Raj Singh), disposed of an application under Section 528 BNSS (No. 2034 of 2025) by Amir Kidwai seeking quashing of the entire proceedings of Crl. Case No. 80849 of 2025, arising out of Case Crime No. 57 of 2025, under Sections 498-A, 323, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Bazarkhala, District Lucknow, pending before the Additional Chief Judicial Magistrate, Room No. 28, Lucknow. Counsel for both sides reported that the parties had amicably settled their dispute by a compromise whose original deed was annexed (Annexure-4). Holding that genuineness of a compromise can best be ascertained by, and must be duly verified in the presence of the parties before, the trial court, the Judge did not quash directly: both parties were directed to appear before the trial court within four weeks and file a compromise application; the trial court is to notify all signatories for personal presence and verify the compromise within six weeks; upon verification, a report is to be made part of the record and sent to the High Court, certified copies being available, and the applicant may approach the High Court again for quashing. For three months no coercive action was to be taken against the applicants in the complaint case, and the Office was ordered to return the original compromise deed to the applicant's counsel after retaining a photocopy. Decision dated December 4, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 2034 of 2025

Amir Kidwai

.....Applicant(s)

Versus

The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Ruved Kamal Kidwai Counsel for Opposite Party(s) : G.A., Dinesh Kumar

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant(s), learned A.G.A. for the State-opposite party no.1 and Sri Dinesh Kumar, learned counsel, who has filed power on behalf of opposite party nos.2, which is taken on record.

The present application has been filed seeking quashing of the entire proceedings of Crl. Case No. 80849 of 2025, arising out of Case Crime No.57 of 2025, under Sections 498-A, 323, 506 IPC and Sections 3/4 Dowry Prohibition Act, Police Station - Bazarkhala, District - Lucknow pending in the Court of Additional Chief Judicial Magistrate, Room No. 28, Lucknow.

Learned counsel for both the parties submit that parties have amicably settled their dispute outside the Court by way of compromise and the original compromise deed has been annexed as Annexure-4 to the application, therefore, the aforesaid case may be decided in terms of the compromise arrived at between the parties.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court, as such compromise has to be duly verified in presence of the parties before the court concerned.

Accordingly, the present application is disposed of with a direction to both the parties to appear before the court concerned within four weeks

NA528 No. 2034 of 2025

2

from the date and file their comprise application. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within six weeks from that date. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record and a report to that effect shall also be send to this Court whether the said compromise took place or not. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. It will also be open to the applicant to approach this Court again for quashing of the proceedings.

For a period of three months, no coercive action shall be taken against the applicants in the aforesaid complaint case.

7 Office is directed to return the original compromise deed to the counsel for the applicant(s) after retaining a photocopy of the same on record.

(Brij Raj Singh,J.)

December 4, 2025

Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench