Arjun Kumar and 3 Others vs State of U.P. Thru. the… — Dowry and Cruelty | Allahabad HC (2025)

Arjun Kumar and 3 Others vs State of U.P. Thru. the… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing not granted forthwith; application disposed of finally with directions: parties to appear before the concerned Court within six weeks and file the compromise; concerned Court to verify the compromise, prepare a report and place the original compromise deed on record, concluding verification within two weeks; certified copy of report and compromise deed to be made available; applicants may seek quashing afresh thereafter; Office to hand over original compromise (if any) to applicants' counsel; no coercive action against applicants for eight weeks.

Issue for consideration

Whether the entire criminal proceedings arising out of Complaint Case No. 27037/2022 (Vimla Devi Vs. Arjun Kumar and others) — including the summoning order dated 12/04/2024 and the warrants dated 19/02/2025 — should be quashed on the basis of the compromise reportedly reached between the parties.

Court's answer

Whether the parties have in fact compromised can best be ascertained by the Trial Court, as any compromise must be duly verified in the presence of the parties concerned before that Court.

Ratio / Principle

The application is disposed of finally rather than quashing being granted immediately on the strength of the asserted compromise.

Key takeaways

The parties to Complaint Case No. 27037/2022 shall appear before the concerned Court within six weeks and file the compromise.ratio¶12
On the parties appearing, the concerned Court shall verify the compromise, prepare a report to that effect, and make the original compromise deed part of the record.ratio¶13
The concerned Court must conclude the verification of the compromise within two weeks from the date of production of a copy of this order.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Saurabh Lavania, J. — Application U/S 482 No. 4599 of 2025 (Arjun Kumar and 3 others) seeking quashing of the summoning order dated 12/04/2024 passed by A.C.J.M., Raebareli, and warrants dated 19/02/2025, arising out of Complaint Case No. 27037/2022, Vimla Devi Vs. Arjun Kumar and others (Ss. 498-A, 323, 504, 506 IPC; Ss. 3 and 4, Dowry Prohibition Act, 1961), was disposed of finally: although the parties claimed an out-of-court compromise (Annexure S.A.1, supplementary affidavit dated 13.07.2025), quashing was not granted immediately because a compromise can best be ascertained by the Trial Court, which must verify it in the parties' presence. Parties were directed to appear before the concerned Court within six weeks and file the compromise; the concerned Court to verify it, report, and conclude verification within two weeks; the applicants remain free to seek quashing afresh thereafter; coercive action stayed for eight weeks.

Neutral Citation No. - 2025:AHC-LKO:45835

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4599 of 2025 Applicant :- Arjun Kumar And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Jay Narayan Mishra,Govind Kumar,Sandeep Rawat,Suraj Kumar Bharti Counsel for Opposite Party :- G.A.,Nitin Singh

Hon'ble Saurabh Lavania,J.

In compliance of earlier order of this Court, petitioner no.1 and opposite party no.2 are present before this Court.

Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record.

The instant application has been filed for the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned summoning order dated 12/04/2024 passed by the Court of First Additional Civil Judge (Senior Division)/A.C.J.M., Raebareli and impugned Non-Bailable Warrant against the Applicant No. 2 and Bailable Warrant against the rest of the Applicants order dated 19/02/2025 arising out Complaint Case No. 27037/2022, Vimla Devi Vs. Arjun Kumar and others, under section- 498-A, 323, 504, 506 of The Indian Penal Code, 1860 & Section 3 and 4 of Dowry Prohibition Act, 1961 Police Station-Mohanganj, District- Amethi as well as quashing the entire proceedings of the above noted case related to the Applicants."

Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. In this regard reliance has been placed on Annexure No. S.A.1 annexed with supplementary affidavit dated 13.07.2025. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court.

Considering the aforesaid, the instant application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Complaint Case No. 27037/2022 (supra), shall appear before the concerned Court within six weeks from today and file the compromise.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within two weeks' from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise, if any, to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 6.8.2025 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench