Chandrapal Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Chandrapal Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Summoning order dated 26.8.2022 passed by Chief Judicial Magistrate, Mainpuri and the entire proceedings of Complaint Case No. 2300 of 2021 (Smt. Baby vs. Chandrapal and others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act quashed.

Issue for consideration

Whether the summoning order dated 26.8.2022 passed by the Chief Judicial Magistrate, Mainpuri and the entire proceedings of Complaint Case No. 2300 of 2021 (Smt. Baby vs. Chandrapal and others) should be quashed in view of the amicable settlement between the parties effected through mediation and the subsequent dissolution of their marriage.

Court's answer

In view of the amicable settlement arrived at through mediation (interim settlement dated 5.11.2024), the withdrawal of cases agreed between the parties and the dissolution of the marriage under Section 13-B Hindu Marriage Act, and following the law laid down by the Apex Court that cases in which parties have settled their grievances can be quashed, the Court concluded that this is a good case for exercising its powers to quash the proceedings as prayed for by the applicant.

Ratio / Principle

The entire proceedings of Complaint Case No. 2300 of 2021 as well as the summoning order passed therein are hereby quashed.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Samit Gopal, J.; order dated 16.7.2025): Application U/S 482 No. 21632 of 2024 filed by Chandrapal seeking quashing of the summoning order dated 26.8.2022 of the Chief Judicial Magistrate, Mainpuri and the entire proceedings of Complaint Case No. 2300 of 2021 (Smt. Baby vs. Chandrapal and others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.-Kotwali, District-Mainpuri. The matter, matrimonial in nature, had been referred to the Mediation Centre (order dated 29.8.2024); the mediation succeeded with an interim settlement dated 5.11.2024, the parties deciding to live separately and to withdraw the cases pending between them, having filed a petition u/s 13-B Hindu Marriage Act registered as Matrimonial Case No.896 of 2024, by which the marriage was dissolved on 9.7.2025 by the Addl. Principal Judge, Family Court, Mainpuri. Relying on the settled Apex Court position evidenced by B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303, Shaifullah 2013 (83) ACC 278 and Parbatbhai Ahir (2017) 9 SCC 641 that cases in which parties have settled their grievances can be quashed, the Court held the present case fit for exercise of its quashing powers, allowed the application and quashed the summoning order and the entire proceedings of the complaint case.

Neutral Citation No. - 2025:AHC:115123

Court No. - 64

Case :- APPLICATION U/S 482 No. - 21632 of 2024

Applicant :- Chandrapal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omar Zamin,Sudhanshu Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

Heard Sri Sudhanshu Srivastava, learned counsel for the applicant, Sri D.N. Mishra, learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicant Chandrapal with the prayer to allow the present application and quash the summoning order dated 26.8.2022 passed by Chief Judicial Magistrate, Mainpuri as well as entire proceedings of Complaint Case No. 2300 of 2021 (Smt. Baby vs. Chandrapal and others) under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.-Kotwali, District-Mainpuri and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

The matter was referred to the Mediation Centre of this Court vide order dated 29.8.2024 for making an effort between the parties for settling their disputes amicably. The dispute between the parties is matrimonial in nature.

As per the office report dated 2.12.2024, a report from the Mediation Centre of this Court is on record.

As per report of Mediation Centre dated 26.11.2024, the parties have entered into an interim settlement dated 5.11.2024 and have amicably settled their dispute and decided to live separately and in this regard they have filed a petition u/s 13-B of Hindu Marriage Act before the Family Court concerned and the same is registered as Matrimonial Case No.896 of 2024 and further agreed to withdraw the cases going on between them.

From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement between

the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7 (h) of the said mediation report.

Learned counsel for the applicant has produced before the Court judgement and order dated 9.7.2025 passed by Addl. Principal Judge, Family Court, Mainpuri in Matrimonial Case No.896 of 2024 (Baby Vs. Chandrapal) under Section 13-B of Hindu Marriage Act by which the marriage between the parties has been dissolved. The said order is taken on record.

Learned counsel for the State has no objection to the said proposition.

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

The present application is allowed .

The entire proceedings of the aforesaid case as well as summoning order passed in the aforesaid case are hereby quashed.

(Samit Gopal, J.)

Order Date :- 16.7.2025 Gaurav Kuls

Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad