Ved Gupta and 2 Others Vs State of U.P. Thru. the Secy… — Dowry and Cruelty | Allahabad HC (2025)

Ved Gupta and 2 Others Vs State of U.P. Thru. the Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No.4141 of 2023, arising out of Case Crime No.0145 of 2023, under Sections 498-A, 323, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Bangarmau, District Unnao, pending in the Court of learned Civil Judge (Junior Division)/F.T.C. (Crime against Women), Unnao.

Issue for consideration

Whether the entire proceedings of Criminal Case No.4141 of 2023 (arising out of Case Crime No.0145 of 2023, under Sections 498-A, 323, 506 I.P.C. read with Section 3/4 of the Dowry Prohibition Act, P.S. Bangarmau, District Unnao) should be quashed under Section 482 Cr.P.C./Section 528 B.N.S.S. on the ground that the parties have resolved their disputes by compromise.

Court's answer

Since the dispute between the parties is personal/private in nature, and considering the ratio laid down by the Supreme Court in B. S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, it is appropriate in the facts and circumstances of the case to quash the criminal proceedings, as their continuance would be an exercise in futility.

Ratio / Principle

The application under Section 482 Cr.P.C./Section 528 B.N.S.S. is allowed and the entire proceedings of Criminal Case No.4141 of 2023, arising out of Case Crime No.0145 of 2023, under Sections 498-A, 323, 506 I.P.C. read with Section 3/4 of the Dowry Prohibition Act, P.S. Bangarmau, District Unnao, are quashed.

Detailed headnote1 paragraphs

Criminal quashing — S.482 Cr.P.C./S.528 B.N.S.S. — matrimonial dispute (Ss.498-A, 323, 506 I.P.C. r/w Ss.3/4 Dowry Prohibition Act, P.S. Bangarmau, Distt. Unnao) — parties settled disputes by compromise during pendency, agreeing to dissolve the marriage by mutual-consent divorce under S.13-B Hindu Marriage Act and to close all cases against each other — trial court, on reference dated 16.05.2025, reported settlement, absence of other criminal history, and purely private dispute not affecting the public — opposite party no.2 admitted the compromise and supported quashing — Held, following the Supreme Court's ratio in B. S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (2014) 6 SCC 466, continuance of proceedings would be an exercise in futility; application allowed and entire proceedings quashed.

Neutral Citation No. - 2025:AHC-LKO:40025

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4409 of 2025

Applicant :- Ved Gupta And 2 Others Opposite Party :- State Of U.P. Thru. The Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Anil Kumar Tiwari,Bheem Sen Verma,Rajat Bansal

Counsel for Opposite Party :- G.A.,Ashok Kumar

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Anil Kumar Tiwari, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Ashish Kumar Tiwari, Advocate holding brief of Sri Ashok Kumar the learned counsel for opposite party No.2 and perused the record.

2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 B.N.S.S., the applicants have sought quashing of the entire proceedings of Criminal Case No.4141 of 2023, arising out of Case Crime No.0145 of 2023, under Sections 498-A, 323, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Bangarmau, District Unnao, pending in the Court of learned Civil Judge (Junior Division)/F.T.C. (Crime against Women), Unnao on the ground that the parties have resolved their disputes by way of a compromise.

3. The aforesaid case was instituted on the basis of an F.I.R. lodged by the opposite party no.2 on 14.04.2023 against her mother in law, sister in law and husband stating that she got married to the applicant no.1 on 08.12.2020. The accused persons used to harass her for demanding dowry and they

turned her out of her matrimonial home.

4. After investigation the Investigating Officer submitted a charge sheet dated 10.07.2023 and the trial court took cognizance of the offence.

5. During pendency of the proceedings the parties have arrived at a settlement which has been annexed with the application, wherein they have stated that marriage between the applicant no.1 and the opposite party no.2 will be dissolved through a decree of divorce by mutual consent under Section 13-B of Hindu Marriage Act. All the cases instituted by the parties against each other will be closed in terms of the compromise.

6. By means of an order dated 16.05.2025, this court had called for a report on certain points from the trial court and the trial court has submitted a report stating that the parties have arrived at a settlement agreeing for closure of the proceedings and they have no other criminal history. The dispute between the parties is of private nature and it doe not affect the public at large.

7. The learned counsel for the opposite party no.2 has also admitted the fact of compromise and supported the prayer for quashing of proceedings against the applicant.

8. I have considered the submissions of learned counsel for the parties.

9. Considering the fact that the dispute between the parties is personal in nature and ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab : (2010) 15 SCC 118 and Narinder Singh and

others versus State of Punjab and another : (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility.

10. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present application is allowed and proceedings of Criminal Case No.4141 of 2023, arising out of Case Crime No.0145 of 2023, under Sections 498-A, 323, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Bangarmau, District Unnao, pending in the Court of learned Civil Judge (Junior Division)/F.T.C. (Crime against Women), Unnao are hereby quashed.

[Subhash Vidyarthi, J.]

Order Date :- 14.7.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench