Rahul Katheriya and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Rahul Katheriya and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 482 allowed; chargesheet no. 130 of 2022 dated 25/06/2022, the cognizance order dated 21/12/2022 and the entire proceedings of Case No. 1952 of 2022 (State v. Rahul and others) arising out of Case Crime no. 0067 of 2022, P.S. Sarh, District Kanpur Nagar, quashed.

Issue for consideration

Whether the chargesheet no. 130 of 2022 dated 25/06/2022, the cognizance order dated 21/12/2022 and the entire criminal proceedings of Case No. 1952 of 2022 arising out of Case Crime no. 0067 of 2022 (a matrimonial dispute compounded after settlement between the parties) should be quashed.

Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute; with the parties having settled, there is practically no chance of recording conviction even if the FIR is put to trial, the trial would be an exercise in futility, and quashing the criminal proceedings would be in the interest of justice.

Ratio / Principle

It would be unfair and contrary to the interest of justice to continue the criminal proceeding despite the settlement and compromise between the victim and the wrongdoer; such continuation would tantamount to abuse of the process of law, and to secure the ends of justice the criminal case ought to be put to an end.

Key takeaways

Since the parties do not wish to pursue the case further and the matter stands mutually settled by compromise dated 16.01.2024, no useful purpose would be served in proceeding further; applying the well-settled principles laid down by the Hon'ble Apex Court in Parbatbhai Aahir v. State of Gujarat, Gian Singh v. State of Punjab and State of M.P. v. Laxmi Narayan, the proceedings of the aforesaid case are quashed.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.), Order dated 21.5.2025 in Application U/S 482 No. 20711 of 2024 (Rahul Katheriya and 2 others v. State of U.P. and another): Application allowed and criminal proceedings quashed. Quashed: chargesheet no. 130 of 2022 dated 25/06/2022 under Ss. 498A/323/504/506 IPC and Ss. 3/4 Dowry Prohibition Act, 1961 (Case Crime no. 0067 of 2022, P.S. Sarh, District Kanpur Nagar), the cognizance order dated 21/12/2022 of the Judicial Magistrate, Ghatampur, Kanpur Dehat, and the entire proceedings of Case No. 1952 of 2022 pending before the Special Chief Judicial Magistrate, Kanpur Nagar. The parties had entered into a compromise on 16.01.2024, verified by the court concerned on 21.09.2024, and the learned AGA raised no objection. The Court held that the prosecution was essentially an outcome of a matrimonial dispute; with the settlement in place there was practically no chance of conviction, the trial would be an exercise in futility, and continuance despite the compromise between the victim and the wrongdoer would amount to abuse of the process of law. Relying on the principles laid down in Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, the proceedings were quashed and the application allowed.

Neutral Citation No. - 2025:AHC:86056

Court No. - 75

Case :- APPLICATION U/S 482 No. - 20711 of 2024

Applicant :- Rahul Katheriya And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prakhar Tandon 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.

This application has been filed for quashing the impugned chargesheet no. 130 of 2022 dated 25/06/2022 U/s 498A/323/504/506 1.P.C. & U/s 3/4 Dowry Prohibition Act, 1961 P.S. Sarh, District Kanpur Nagar submitted in Case Crime no.0067 of 2022 U/s 498-A/323/504/506 I.P.C. & U/s 3/4 Dowry Prohibition Act, 1961 P.S. Sarh, District Kanpur Nagar as well as cognizance order dated 21/12/2022 passed by the learned Judicial Magistrate, Ghatampur, Kanpur Dehat as well as entire proceedings of Case No. 1952 of 2022 (State -Vs- Rahul and others) U/s 498A/323/504/506 I.P.C. & U/s 3/4 Dowry Prohibition Act, 1961 P.S. Sarh, District Kanpur Nagar arising out of Case Crime no.0067 of 2022 U/s 498-A/323/504/506 I.P.C. & U/s 3/4 Dowry Prohibition Act, 1961 P.S. Sarh, District Kanpur Nagar pending in the court of the learned Special Chief Judicial Magistrate, Kanpur Nagar.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 16.01.2024 and the same has been verified by the court concerned on 21.09.2024, 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 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 compromise dated 16.01.2024, 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 is, accordingly, allowed .

Order Date :- 21.5.2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad