Nakki Qureshi and 3 Others vs State of U.P. and Anothaer — Dowry and Cruelty | Allahabad HC (2025)

Nakki Qureshi and 3 Others vs State of U.P. and Anothaer — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of: applicants to file original deed of compromise before the court below within 15 days; court below to verify it after summoning parties within two months of receiving the copy and thereafter dispose of the impugned proceeding in accordance with law; no coercive action against applicants for two and a half months or till verification, whichever is earlier; liberty reserved to file a fresh quashing application u/s 528 of BNSS on the basis of the verified compromise.

Issue for consideration

Whether the chargesheet dated 16.11.2022 and cognizance order dated 20.02.2023 in Case Crime No.0280 of 2022 may be quashed, given the parties state that the matrimonial dispute has been settled amicably through a written compromise dated 24.10.2024. +1 more

Court's answer

The present application is disposed of with a direction to the applicants to file the original deed of compromise before the court below within a period of 15 days.

Ratio / Principle

Once the compromise is filed, the court below will verify it after summoning the parties, within a period of two months from the date of receiving the copy of the compromise.

Key takeaways

After verification of the compromise, the court below will dispose of the impugned proceeding in accordance with law (the quashing determination is thus left to the trial court acting on the verified compromise, rather than decided by this application).ratio¶12
Interim protection: for a period of two and a half months, or until the verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants.ratio¶13
The applicants remain at liberty to file a fresh application u/s 528 of BNSS to quash the impugned proceeding on the basis of the verified compromise.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Arun Kumar Singh Deshwal, J.), Order dated 3.4.2025: Application U/S 482 No.-41850 of 2024, filed by Nakki Qureshi and 3 others against the State of U.P. and another, seeking quashing of the chargesheet dated 16.11.2022 and cognizance order dated 20.02.2023 in Case Crime No.0280 of 2022 under Sections 498A, 452, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mundapandey, District Moradabad, pending before the Additional Chief Judicial Magistrate, Court No.5, Moradabad. Counsel for the applicants submitted that the dispute is matrimonial and has been settled amicably by a written compromise dated 24.10.2024; the learned AGA objected that the compromise awaited verification by the court below. The Court disposed of the application with directions: (i) applicants to file the original deed of compromise before the court below within 15 days; (ii) the court below to verify the compromise after summoning the parties within two months of receiving its copy; (iii) after verification, the court below to dispose of the impugned proceeding in accordance with law; (iv) no coercive action against the applicants for two and a half months or till verification, whichever is earlier; and (v) liberty to file a fresh quashing application under Section 528 of the BNSS on the basis of the verified compromise.

Neutral Citation No. - 2025:AHC:46224

Court No. - 75

Case :- APPLICATION U/S 482 No. - 41850 of 2024

Applicant :- Nakki Qureshi And 3 Others Opposite Party :- State Of U.P. And Anothaer Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Irshad Ahmad, learned counsel for the applicants and Sri Satish Kumar Shukla, learned AGA for the State.

The present application has been filed to quash the chargesheet dated 16.11.2022 and cognizance order dated 20.02.2023 in Case Crime No.0280 of 2022, under Sections498A, 452, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Mundapandey, DistrictMoradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Moradabad.

Learned counsel for the applicants has submitted that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 24.10.2024 has also been entered into between them.

Per contra , learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification.

Considering the aforesaid submission, present application

is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.

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

It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified compromise.

Order Date :- 3.4.2025 S.Chaurasia

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