Santosh Kumar and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Santosh Kumar and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Directions to the court below: verify the written compromise dated 07.10.2024 after summoning the parties within two months of receiving a copy of the order; permit the parties to obtain a certified copy after verification; thereafter dispose of the impugned proceedings in accordance with law. No coercive action against the applicants for two months. Liberty reserved to the applicants to file a fresh application u/s 528 B.N.S.S., if required, on the basis of the verified compromise.

Issue for consideration

Whether the criminal proceedings arising out of case crime no. 9 of 2021 (chargesheet dated 21.10.2022 and cognizance order dated 04.03.2023 in Criminal Case No. 175 of 2023) should be quashed, given that the matrimonial dispute has been settled by a written compromise dated 07.10.2024. +1 more

Court's answer

The application is disposed of rather than decided by outright quashing; the court below is directed to verify the written compromise after summoning the parties within a period of two months from the date of receiving a copy of the order.

Ratio / Principle

After verification of the compromise, the court below will permit the parties to obtain a certified copy of it.

Key takeaways

After verification of the compromise, the court below will dispose of the impugned proceedings in accordance with law.ratio¶13
For a period of two months, no coercive action shall be taken against the applicants.ratio¶14
The applicants are at liberty to file a fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceedings on the basis of the verified compromise.ratio

Detailed headnote1 paragraphs

Application U/S 482 No. 2135 of 2025, High Court of Judicature at Allahabad (Arun Kumar Singh Deshwal, J., order dated 10.4.2025): Applicants sought quashing of the chargesheet dated 21.10.2022 and cognizance order dated 04.03.2023 in Criminal Case No. 175 of 2023, arising out of case crime no. 9 of 2021 (Ss. 498-A, 323, 506, 406 IPC and 3/4 Dowry Prohibition Act, PS Mahila Thana, District Prayagraj), pending before the Addl. Civil Judge (Junior Division), FTC, Court No. 21, Allahabad, on the strength of a written compromise dated 07.10.2024 settling the matrimonial dispute. The A.G.A. objected that the compromise awaited verification by the court below. The court disposed of the application, directing the trial court to verify the compromise after summoning the parties within two months, permit a certified copy thereafter, and then deal with the impugned proceedings in accordance with law; no coercive action was ordered against the applicants for two months, and they were left free to seek quashing afresh u/s 528 B.N.S.S. on the basis of the verified compromise.

Neutral Citation No. - 2025:AHC:52465

Court No. - 75

Case :- APPLICATION U/S 482 No. - 2135 of 2025

Applicant :- Santosh Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratibha Ojha Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Short counter affidavit along with Vakalatnama filed by Ms Laxmi Paswan, learned counsel for opposite party no.2, is taken on record.

Heard Sri Meraj Ahmad Khan, learned counsel for the applicants, Ms Laxmi Paswan, learned counsel for opposite party no.2 and Sri Ramesh Kumar, learned A.G.A. for the State.

The present application has been filed to quash the chargesheet dated 21.10.2022 and cognizance order dated 04.03.2023 in Criminal Case No.175 of 2023, arising out of case crime no.9 of 2021, u/s 498-A, 323, 506, 406 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Prayagraj, pending in the court of Additional Civil Judge (Junior Division), FTC, Court No.21, DistrictAllahabad.

Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 07.10.2024. Copy of the same has been annexed as Annexure No.4 to the application. It is further submitted that the aforesaid compromise has already

been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed.

Per contra , learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below.

Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same.

After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.

For a period of two months, no coercive action shall be taken against the applicants.

It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise.

Order Date :- 10.4.2025 S.Chaurasia

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad