Shivam Pandey and Others Vs the State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

Shivam Pandey and Others Vs the State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; summoning order dated 15.04.2024 passed in Complaint Case No.20500 of 2023 (Smt Shweta Tiwari vs. Shivam Pandey and others) quashed; Office directed to communicate the order to the trial court forthwith.

Issue for consideration

Whether the summoning order dated 15.04.2024 passed in the matrimonial complaint case (Complaint Case No.20500 of 2023) should be quashed in exercise of inherent powers under Section 482 Cr.P.C. in view of the amicable settlement arrived at between the parties through mediation.

Court's answer

Inherent power under Section 482 Cr.P.C. can be exercised to bring criminal proceedings to an end where a settlement has been arrived at between the parties.

Ratio / Principle

Where the parties have mutually settled their matrimonial dispute by way of mediation and do not want to pursue the case further, no useful purpose would be served in proceeding with the matter.

Key takeaways

On account of the settlement agreement dated 19.12.2024 before the Mediation and Conciliation Centre of the Court, the application is allowed and the summoning order dated 15.04.2024 passed in Complaint Case No.20500 of 2023 is quashed.ratio¶¶14

Detailed headnote1 paragraphs

Criminal quashing - Section 482 Cr.P.C. - Matrimonial dispute - Complaint case under Sections 498-A, 323, 504, 506, 406 IPC and Section 3/4 Dowry Prohibition Act (Complaint Case No.20500 of 2023, P.S. Mill Area, District Raebareli) - Summoning order dated 15.04.2024 challenged - Matter referred to Mediation and Conciliation Centre by order dated 13.05.2024 - Settlement agreement arrived at between parties on 19.12.2024, with mutual agreement to withdraw cases pending between them - Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), held that inherent power can be exercised to end criminal proceedings where parties have settled - No useful purpose in continuing proceedings - Application allowed; summoning order quashed; Office to communicate order to trial court. (Allahabad High Court, Lucknow Bench, Rajeev Singh, J.; order dated 17.6.2025)

Neutral Citation No. - 2025:AHC-LKO:35770

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4359 of 2024

Applicant :- Shivam Pandey And Others Opposite Party :- The State Of U.P. Thru. Prin.Secy. Home Deptt. Lko. And Another

Counsel for Applicant :- Anurag Maurya,Ravindra Kumar Singh

Counsel for Opposite Party :- G.A.,Amarjeet Singh,Ashutosh Singh,Dinesh Chandra,Surya Prakash

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 15.04.2024 passed in Complaint Case No.20500 of 2023; Smt Shweta Tiwari vs. Shivam Pandey and others, under Sections 498-A, 323, 504, 506, 406 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mill Area, District Raebareli.

It has been contended by learned counsel for the applicant that the dispute between the parties is matrimonial in nature. This court vide order dated 13.05.2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 19.12.2024 between the parties, which is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para- 6 of the settlement agreement dated 19.12.2024.

Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as

has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 19.12.2024. before the Mediation and Conciliation Centre of this Court, the present application is allowed and the summoning order dated 15.04.2024 passed in Complaint Case No.20500 of 2023; Smt Shweta Tiwari vs. Shivam Pandey and others, under Sections 498-A, 323, 504, 506, 406 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mill Area, District Raebareli is hereby quashed.

Office is directed to communicate this order to trial court forthwith.

Order Date :- 17.6.2025 Renu/-

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench