Rajesh Alias Raju and 4 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Rajesh Alias Raju and 4 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection from coercive action for two and a half months or until verification of the compromise (whichever is earlier); directions to the applicants to file the original deed of compromise within 15 days, court-below verification within two months followed by disposal of the proceedings in accordance with law; liberty to seek quashing afresh under Section 528 BNSS with the verified compromise.

Issue for consideration

Whether the criminal proceedings arising out of case crime no. 426 of 2020 (Sections 498A, 323, 506 IPC and 3/4 D.P. Act) may be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

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

Ratio / Principle

The applicants were directed to file the original deed of compromise before the court below within 15 days.

Key takeaways

If the compromise is filed, the court below is to verify it after summoning the parties within two months from the date of filing.ratio¶11
As interim protection, no coercive action is to be taken against the applicants for two and a half months or till verification of the compromise, whichever is earlier.ratio¶12
The parties remain at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of the verified copy of the compromise, if need arises.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.; Order Date 1.5.2025) disposed of an Application u/s 482 (No. 44675 of 2024) by Rajesh alias Raju and 4 others v. State of U.P. and another, seeking quashing of the charge sheet dated 09.07.2021 and cognizance order dated 17.11.2021 in case crime no. 426 of 2020 (Sections 498A, 323, 506 IPC and Sections 3/4 D.P. Act), P.S. Jalesar, District Etah, founded on an amicable settlement of a matrimonial dispute. Holding that the compromise required judicial verification, the Court directed the applicants to file the original deed of compromise before the court below within 15 days; the court below to summon the parties and verify the compromise within two months of filing and thereafter dispose of the impugned proceeding in accordance with law; no coercive action against the applicants for two and a half months or till verification, whichever is earlier; and liberty reserved to the parties to move a fresh application under Section 528 BNSS on the basis of the verified copy of the compromise if need arises.

Neutral Citation No. - 2025:AHC:68455

Court No. - 75

Case :- APPLICATION U/S 482 No. - 44675 of 2024

Applicant :- Rajesh Alias Raju And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Sanjay Kr. Dwivedi, learned counsel for the applicants and Sri Anish Kr. Upadhyay, learned A.G.A. for the State.

The instant application has been filed to quash the charge sheet dated 09.07.2021, cognizance order dated 17.11.2021, as well as entire proceeding of case crime no. 426 of 2020, U/S 498A, 323, 506, IPC, and 3/4 D.P. Act P.S. Jalesar, District - Etah.

Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. It has been requested that the impugned proceedings may be quashed on the basis of compromise.

Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.

In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today.

In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of the impugned proceeding in accordance with law.

For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises.

With the aforesaid direction, the present application is disposed of .

Order Date :- 1.5.2025

Digitally signed by :- Vandana VANDANA GAUTAM High Court of Judicature at Allahabad