Umesh Kumar Verma and Another Vs State of U.P. through… — Dowry and Cruelty | Allahabad HC (2025)

Umesh Kumar Verma and Another Vs State of U.P. through… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Entire criminal proceedings arising out of Case Crime No.314 of 2020 (Sections 498A, 354, 406, 323, 504, 506 IPC and Section 3/4 DP Act, PS Mahmoodabad, District Sitapur), the charge sheet dated 24.09.2020 and the summoning order dated 26.08.2021 quashed.

Issue for consideration

Whether the application under Section 482 Cr.P.C. seeking disposal/quashing of the criminal proceedings should be allowed on the ground that the criminal proceedings were instituted because of a matrimonial dispute between the parties, who have since settled the dispute and agreed on 24.05.2025 to dissolve their marriage by mutual consent under Section 13-B of the Hindu Marriage Act. +1 more

Ratio / Principle

Considering the ratio laid down by the Supreme Court in B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (2014) 6 SCC 466, and in view of the parties' compromise/settlement, it would be appropriate to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility.

Key takeaways

The present petition is allowed and the entire proceedings arising out of Case Crime No.314 of 2020, under Sections 498A, 354, 406, 323, 504, 506 I.P.C and Section 3/4 of DP Act, Police Station Mahmoodabad, District Sitapur, as well as the charge sheet dated 24.09.2020 and the summoning order dated 26.08.2021, are quashed.ratio¶11

Detailed headnote1 paragraphs

Application U/S 482 No.16 of 2022 (Umesh Kumar Verma and another v. State of U.P. and another), Allahabad High Court, Lucknow Bench — Hon'ble Subhash Vidyarthi, J., order dated 24.7.2025: ALLOWED. Entire criminal proceedings arising out of Case Crime No.314 of 2020, under Sections 498A, 354, 406, 323, 504, 506 IPC and Section 3/4 of DP Act, Police Station Mahmoodabad, District Sitapur, including the charge sheet dated 24.09.2020 and the summoning order dated 26.08.2021 of the Judicial Magistrate-II, Sitapur, quashed. Ground: the proceedings arose from a matrimonial dispute; by settlement dated 24.05.2025 the parties agreed to dissolve the marriage by mutual consent under Section 13-B of the Hindu Marriage Act and to close the criminal case; opposite party no.2 filed a counter affidavit accepting the compromise. Reliance placed on B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (2014) 6 SCC 466; continuance of proceedings held an exercise in futility.

Court No. - 15

Case :- APPLICATION U/S 482 No. - 16 of 2022 Applicant :- Umesh Kumar Verma And Another Opposite Party :- State Of U.P. Through Principal, Secretary Home, Civil Secretariat U.P. Lucknow And Another Counsel for Applicant :- Anuj Kumar,Anuj Verma,Rahul Agnihotri Counsel for Opposite Party :- G.A.,Alok Kumar

Hon'ble Subhash Vidyarthi,J.

(Order on IA/04/2025)

Heard Sri Anuj Kumar, learned counsel for the applicant, Sri Ashok Srivastava, learned A.G.A for State and Sri Alok Kumar, learned counsel for the opposite party no.2 who has filed a counter affidavit, which is taken on record.

In the application filed under Section 482 Cr.P.C, the applicants have sought quashing of the entire proceedings arising out of Case Crime No.314 of 2020, under Sections 498A, 354, 406, 323, 504, 506 IPC and Section 3/4 of DP Act, Police Station- Mahmoodabad, District- Sitapur including the charge sheet dated 24.09.2020 and summoning order dated 26.08.2021 passed by the Judicial Magistrate-II, Sitapur.

This is an application for disposal of the application under Section 482 Cr.P.C.on the ground that the criminal proceedings were instituted becasue of a matrimonial dispute between the parties and on 24.05.2025, the parties have arrived at a settlement agreeing for dissolution of their marriage by mutual consent under Section 13-B of Hindu Marriage Act and the criminal proceedings instituted by the opposite party will be closed.

The opposite party no.2 has filed a counter affidavit accepting the compromise and supporting the prayer for quashing of the proceedings on the ground of compromise.

Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I.

and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility.

In view of the fact that the parties have settled their dispute by way of compromise arrived at between the parties and the law laid down by the Supreme Court of India, the present petition is allowed and the entire proceedings arising out of Case Crime No.314 of 2020, under Sections 498A, 354, 406, 323, 504, 506 I.P.C and Section 3/4 of DP Act, Police StationMahmoodabad, District- Sitapur as well as the charge sheet dated 24.09.2020 and summoning order dated 26.08.2021, are hereby quashed.

(In memo of the application)

The application stands allowed and the proceedings are hereby quashed.

(Subhash Vidyarthi,J.)

Order Date :- 24.7.2025 Preeti.

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench