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

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

What the court decided

AI extract

Outcome

Application disposed of without itself ordering quashing; parties directed to court below with certified copy of this order for verification of parties and compromise (trial court to pass appropriate order within four weeks); applicants free to file a fresh U/S 482 application at that stage; no coercive measures against the applicants for six weeks.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 11 of 2019, arising out of Case Crime No. 179 of 2018 (Sections 147, 323, 504, 506, 120-B I.P.C., Police Station-Brijmanganj, District- Maharajganj), pending before Judicial Magistrate Farenda, should be quashed via the present 482 Cr.P.C. application. +2 more

Ratio / Principle

The parties were provided/directed to appear before the court below along with a certified copy of this order on the next date fixed.

Key takeaways

The trial court was expected to fix a date for verification of the parties and the compromise entered into between them, and to pass an appropriate order to that effect within the next four weeks.ratio¶¶11
It shall be open to the applicants to file a fresh application U/S 482 at that (post-verification) stage for the relief sought in the present application.ratio¶¶11
Interim protection: for a period of six weeks, no coercive measure shall be taken against the applicants.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 72), Neutral Citation No. 2025:AHC:113261; Hon'ble Deepak Verma, J.; Order Date 15.7.2025. Application U/S 482 No. 31779 of 2024 by Estiyak Ali and 4 others sought quashing of the entire proceedings of Criminal Case No. 11 of 2019 (arising out of Case Crime No. 179 of 2018, Under Section 147, 323, 504, 506, 120-B I.P.C., Police Station-Brijmanganj, District- Maharajganj) pending before Judicial Magistrate Farenda. Counsel for the applicants stated the instant FIR was a counterblast to Case Crime No. 10 of 2017 (under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act), lodged by the daughter of applicant no. 5 against opposite party no. 2 and family amid matrimonial dispute, and that both sides had amicably settled and executed a compromise deed dated 08.05.2025 (annexed as SA-1); counsel for opposite party no. 2 did not dispute these facts. The court disposed of the application without itself quashing the proceedings: parties directed to appear before the court below with a certified copy of the order; trial court expected to fix verification of the parties and compromise and pass an appropriate order within four weeks; applicants left free to file a fresh U/S 482 application at that stage; and for six weeks no coercive measure was to be taken against the applicants. No precedent was cited.

Neutral Citation No. - 2025:AHC:113261

Court No. - 72

Case :- APPLICATION U/S 482 No. - 31779 of 2024

Applicant :- Estiyak Ali And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Sri Arvind Kumar Mishra, Advocate has filed Vakalatnama on behalf of the Opposite Party No. 2, is taken on record.

Heard learned counsel for the applicants, learned counsel for the Opposite Party No. 2 and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No. 11 of 2019, arising out of Case Crime No. 179 of 2018, Under Section 147, 323, 504, 506, 120-B I.P.C., Police Station-Brijmanganj, District- Maharajganj, pending before Judicial Magistrate Farenda, District- Maharajganj.

Learned counsel for the applicants submits that instant first information report has been lodged father-in-law of the daughter of applicant no. 5. Learned counsel for the next submits that on account of some matrimonial dispute, daughter of applicant no.5 lodged first information report against opposite party no. 2 and other family members registered as Case Crime No. 10 of 2017, under Section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. In counterblast, instant first information report has been lodged against the applicants father-in-law of the daughter of applicant no. 5. Counsel for the applicants submits that both the parties have amicably settled their dispute out of court and entered into a compromise in both the cases i.e. in Case Crime No. 10 of 2017 as well as in the present case. A copy of the compromise deed dated 08.05.2025 entered into between the parties has been annexed as SA-1 to the supplementary affidavit.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts argued by learned counsel for the applicants.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

In view of the above, the present application is disposed of .

For a period of six weeks, no coercive measure shall be taken against the applicants.

Order Date :- 15.7.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad