Arjun Kumar and 3 Others Vs State of U.P. Thru. the… — Dowry and Cruelty | Allahabad HC (2025)

Arjun Kumar and 3 Others Vs State of U.P. Thru. the… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of finally without quashing: parties to appear before the concerned (Trial) Court within six weeks and file the compromise; Trial Court to verify the compromise and prepare a report within two weeks of production of a copy of the order; certified copies of the report and compromise deed permitted; liberty reserved to the applicants to approach this Court again for quashing; Office to provide the original compromise (if any) to the applicants' counsel; no coercive action against the applicants for eight weeks.

Issue for consideration

Whether the summoning order dated 12/04/2024, the warrants dated 19/02/2025 and the entire proceedings of Complaint Case No. 27037/2022 against the applicants are liable to be quashed in view of the alleged amicable settlement/compromise between the parties.

Court's answer

Whether the parties have, in fact, compromised the matter or not can best be ascertained by the Trial Court, as the compromise has to be duly verified in the presence of the parties concerned before the Court; accordingly, the Court did not itself quash the proceedings on the strength of the asserted compromise.

Ratio / Principle

The application was disposed of finally with directions: the parties shall appear before the concerned Court within six weeks and file the compromise; the concerned Court shall verify the compromise, prepare a report to that effect and make the original compromise deed part of the record, concluding verification within two weeks of production of a copy of the order; the parties may obtain certified copies of the report and compromise deed.

Key takeaways

It shall be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶16
For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.; order dated 6.8.2025; Neutral Citation 2025:AHC-LKO:45835). Application u/s 482 No. 4599 of 2025 by Arjun Kumar and three others sought quashing of the summoning order dated 12/04/2024 of the First Additional Civil Judge (Senior Division)/A.C.J.M., Raebareli and the warrants dated 19/02/2025 (non-bailable against Applicant No. 2, bailable against the rest), arising out of Complaint Case No. 27037/2022, Vimla Devi Vs. Arjun Kumar and others, under Sections 498-A, 323, 504, 506, Indian Penal Code 1860 and Sections 3 and 4, Dowry Prohibition Act 1961 (P.S. Mohanganj, District Amethi), together with the entire proceedings against the applicants. Counsel reported an out-of-court amicable settlement and compromise between the parties. Holding: whether the parties have in fact compromised is best ascertained by the Trial Court, since a compromise must be duly verified in the presence of the parties before the Court. Disposed of finally: parties to appear before the concerned Court within six weeks and file the compromise; verification and report within two weeks of production of a copy of the order; certified copies permitted; liberty to approach this Court again for quashing; original compromise to be provided to applicants' counsel; and no coercive action against the applicants for eight weeks.

Neutral Citation No. - 2025:AHC-LKO:45835

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4599 of 2025 Applicant :- Arjun Kumar And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Jay Narayan Mishra,Govind Kumar,Sandeep Rawat,Suraj Kumar Bharti Counsel for Opposite Party :- G.A.,Nitin Singh

Hon'ble Saurabh Lavania,J.

In compliance of earlier order of this Court, petitioner no.1 and opposite party no.2 are present before this Court.

Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record.

The instant application has been filed for the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned summoning order dated 12/04/2024 passed by the Court of First Additional Civil Judge (Senior Division)/A.C.J.M., Raebareli and impugned Non-Bailable Warrant against the Applicant No. 2 and Bailable Warrant against the rest of the Applicants order dated 19/02/2025 arising out Complaint Case No. 27037/2022, Vimla Devi Vs. Arjun Kumar and others, under section- 498-A, 323, 504, 506 of The Indian Penal Code, 1860 & Section 3 and 4 of Dowry Prohibition Act, 1961 Police Station-Mohanganj, District- Amethi as well as quashing the entire proceedings of the above noted case related to the Applicants."

Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. In this regard reliance has been placed on Annexure No. S.A.1 annexed with supplementary affidavit dated 13.07.2025. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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 concerned before the Court.

Considering the aforesaid, the instant application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Complaint Case No. 27037/2022 (supra), shall appear before the concerned Court within six weeks from today and file the compromise.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within two weeks' from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise, if any, to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 6.8.2025 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench