Neeraj Tiwari and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Neeraj Tiwari and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Section 482 Cr.P.C. application allowed; entire proceedings of Case No. 423 of 2021 (State of U.P. Vs. Neeraj Tiwari & Others), arising out of Case Crime No. 283 of 2020, quashed.

Issue for consideration

Whether the entire criminal proceedings in Case No. 423 of 2021 arising out of Case Crime No. 283 of 2020 (Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act), pending before the Judicial Magistrate / Civil Judge (J.D.), Mauranipur, should be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

This Court viewed the criminal proceedings as essentially an outcome of a matrimonial dispute; with no overbearing circumstances justifying prosecution after the parties entered into a settlement, and practically no chance of recording conviction even if the case went to trial, the entire trial would be an exercise in futility; quashing the proceedings was in the interest of justice.

Ratio / Principle

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

Key takeaways

Since the parties stated they did not wish to pursue the case further and the matter had been mutually settled in view of the compromise dated 09.08.2024, no useful purpose would be served in proceeding with the matter further.ratio¶14
In view of the well-settled principles of law laid down by the Hon'ble Apex Court in Parbatbhai Aahir (2017) 9 SCC 641, Gian Singh (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, the proceedings of the aforesaid case were quashed.ratio¶15

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Court No. 76) — Application U/S 482 No. 28521 of 2024 (Neeraj Tiwari And 3 Others v. State of U.P. and Another) — Decided 12.8.2025 by Hon'ble Vikram D. Chauhan, J. — Neutral Citation 2025:AHC:136524. Applicants sought quashing of the entire proceedings of Case No. 423 of 2021 (State of U.P. Vs. Neeraj Tiwari & Others), arising out of Case Crime No. 283 of 2020 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Lahchura, District Jhansi, pending before the Judicial Magistrate / Civil Judge (J.D.), Mauranipur, Jhansi, on the basis of a compromise entered into on 09.08.2024 and verified by the court concerned on 26.09.2024. Counsel for opposite party no. 2 did not dispute the facts and did not wish to proceed with the criminal case; the learned AGA conceded the parties had duly settled and that there was virtually no chance of conviction. Holding the criminal proceedings to have essentially been an outcome of a matrimonial dispute between close relatives who had compromised, with practically no chance of recording conviction and continued prosecution being an exercise in futility amounting to abuse of process, the Court quashed the proceedings in accordance with the well-settled principles laid down by the Apex Court in Parbatbhai Aahir (2017) 9 SCC 641, Gian Singh (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688. The application under Section 482 Cr.P.C. was accordingly allowed.

Neutral Citation No. - 2025:AHC:136524

Court No. - 76

Case :- APPLICATION U/S 482 No. - 28521 of 2024

Applicant :- Neeraj Tiwari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- Ashutosh Tripathi,G.A.,Sankalp Pratap Singh

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicants, Sri Rajeev Kumar, Advocate holding brief of Sri Ashutosh Tripathi, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

The present application has been filed by applicants for quashing the entire proceedings of Case No. 423 of 2021 (State of U.P. Vs. Neeraj Tiwari & Others), arising out of Case Crime No. 283 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Lahchura, District Jhansi, pending in the Court of Judicial Magistrate / Civil Judge (J.D.), Mauranipur Jhansi, on the basis of compromise arrived at between the parties.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 09.08.2024 and the same has been verified by the court concerned on 26.09.2024, therefore, the present case be finally decided.

Learned counsel for opposite party no. 2 has not disputed the facts as stated by learned counsel for the applicants. He further contended that opposite party no. 2 does not want to proceed with the criminal case against the applicants and the same may be quashed.

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 compromise dated 09.08.2024, 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 under Section 482 Cr.P.C. is, accordingly, allowed .

Order Date :- 12.8.2025 SK Srivastava

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