Himanshu Sahrawat and 4 Others Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2025)

Himanshu Sahrawat and 4 Others Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Case No. 6068 of 2024 (State Vs. Himanshu and Others), arising out of Case Crime No. 0059 of 2023, under Sections 498-A, 323, 504, 406 I.P.C. and Section 3/4 of D.P. Act, pending before the Additional Civil Judge (Junior Division), 2nd, Meerut; the application under Section 482 Cr.P.C. is allowed.

Issue for consideration

Whether the entire criminal proceedings in Case No. 6068 of 2024 (State Vs. Himanshu and Others), arising out of Case Crime No. 0059 of 2023 under Sections 498-A, 323, 504, 406 I.P.C. and Section 3/4 of D.P. Act, pending in the Court of Additional Civil Judge (Junior Division), 2nd, Meerut, may be quashed on the basis of the settlement/compromise arrived at between the parties.

Court's answer

The criminal proceedings in the present case were essentially an outcome of a matrimonial dispute, and with the parties having entered into a settlement there are no over-bearing circumstances for which the applicants ought to be prosecuted.

Ratio / Principle

With the parties' stand in terms of their settlement, there is practically no chance of recording conviction even if the case under the F.I.R. in question is put to trial, so the entire exercise of trial would only be an exercise in futility.

Key takeaways

Looking to the nature of the dispute and the fact that the disputants being close relatives have compromised and want to proceed peacefully ahead, it would be in the interest of justice that the criminal proceedings in question are quashed.ratio¶5
Continuing the criminal proceeding despite settlement and compromise between the victim and the wrongdoer would be unfair or contrary to the interest of justice and tantamount to abuse of process of law; to secure the ends of justice it is appropriate that the criminal case is put to an end.ratio¶6

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J., single member bench; Order dated 13.8.2025) allowed an application under Section 482 Cr.P.C. by Himanshu Sahrawat and 4 others seeking quashing of the entire proceedings of Case No. 6068 of 2024 (State Vs. Himanshu and Others), arising out of Case Crime No. 0059 of 2023 under Sections 498-A, 323, 504, 406 I.P.C. and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Meerut, pending in the Court of Additional Civil Judge (Junior Division), 2nd, Meerut, on the strength of a settlement agreement dated 01.05.2025 entered before the Mediation and Conciliation Centre, High Court, Allahabad, duly verified per the State, which raised no objection. Finding the proceedings essentially an outcome of a matrimonial dispute between close relatives who had compromised, with practically no chance of conviction and the trial an exercise in futility, and continuance despite settlement tantamount to abuse of process of law, the Court, in view of the well-settled principles laid down by the Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688, quashed the proceedings of the aforesaid case.

Neutral Citation No. - 2025:AHC:137917

Court No. - 76

Case :- APPLICATION U/S 482 No. - 15354 of 2024

Applicant :- Himanshu Sahrawat And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Shukla Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application has been filed by applicants for quashing the entire proceedings of Case No. 6068 of 2024 (State Vs. Himanshu and Others), arising out of Case Crime No. 0059 of 2023, under Sections 498-A, 323, 504, 406 I.P.C. and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Meerut, pending in the Court of Additional Civil Judge, (Junior Division), 2nd, Meerut, on the basis of compromise arrived at between the parties.

Learned counsel for the applicants submitted that settlement agreement has already been entered between the parties on 01.05.2025 before the Mediation and Conciliation Centre, High Court, Allahabad, therefore, the present case be finally decided.

Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings.

Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance

of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants being the close relatives, have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed.

It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end.

In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the settlement agreement dated 01.05.2025, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688 , the proceedings of the aforesaid case is hereby quashed.

The present application under Section 482 Cr.P.C. is, accordingly, allowed .

Order Date :- 13.8.2025 SK Srivastava

Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad