Smt. Shayra Bano and 4 Others Vs the State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

Smt. Shayra Bano and 4 Others Vs the State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; criminal proceedings pursuant to the charge-sheet dated 25.11.2023 in Case Crime No. 281/2023 and the summoning order dated 03.04.2025 in Criminal Case 66/2025 quashed; the compromise made part of the order.

Issue for consideration

Whether the criminal proceedings arising out of Case Crime No. 281/2023 (charge-sheet dated 25.11.2023) and the summoning order dated 03.04.2025 in Criminal Case 66/2025 should be quashed in view of the compromise arrived at between the parties.

Court's answer

A compromise was entered into between the parties and was verified on 09.05.2025; as per the statements of counsel for the parties, they do not want to press the criminal case relating to Case Crime No. 281/2023.

Ratio / Principle

As the applicants and opposite parties had entered into compromise and no grievance remained to be agitated, further criminal proceedings in the case were held liable to be set aside in view of the Apex Court judgments in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narindra Singh.

Key takeaways

Criminal proceedings pursuant to the impugned charge-sheet dated 25.11.2023 arising out of Case Crime No. 281/2023 (sections 498-A, 323, 504, 506 IPC; 3/4 Dowry Prohibition Act, 1961; 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019), PS Purwa, District Unnao, are quashed.ratio¶16
The impugned summoning order dated 03.04.2025 passed by the learned Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Unnao in Criminal Case 66/2025 is quashed.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Subhash Chandra Sharma, J.) — Application U/S 482 No. 5201 of 2025, decided 26.6.2025 — Quashing of charge-sheet and summoning order on amicable settlement. Charge-sheet dated 25.11.2023 in Case Crime No. 281/2023 (sections 498-A, 323, 504, 506 IPC; 3/4 Dowry Prohibition Act, 1961; 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019), PS Purwa, District Unnao, and summoning order dated 03.04.2025 of the Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Unnao in Criminal Case 66/2025 [State Versus Naseem & others] quashed, the parties having entered into a written compromise dated 04.04.2025, verified pursuant to order dated 18.04.2025 and reported vide order dated 09.05.2025, with no grievance remaining; reliance placed on B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303 and Narindra Singh (2014) 6 SCC 466. Application allowed; compromise made part of the order.

Neutral Citation No. - 2025:AHC-LKO:36598

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5201 of 2025

Applicant :- Smt. Shayra Bano And 4 Others Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. And Another

Counsel for Applicant :- Mohammad Imaran,Mohd. Imran Khan

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

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Ritesh Kumar, Advocate who has filed his vakalatnama on behalf of opposite party no.2 and perused the record.

By means of the instant application, the applicants have prayed to quash the impugned charge-sheet dated 25.11.2023 arising out of Case Crime No. 281/2023, under sections 498-A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, 1961 & 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 pertaining to Police Station Purwa, District - Unnao as well as the impugned summoning order dated 03.04.2025 passed by the learned Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Unnao in Criminal Case 66/2025 [State Versus Naseem & others], in terms of compromise dated 04.04.2025, as contained in Annexure No.1&2 to this application.

The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 18.04.2025, the verification was done and report has been submitted to this Court vide order dated 09.05.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No. 281/2023 may be quashed.

Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that the parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal

proceedings against the applicants may be dropped.

Learned counsel for the State has no objection to the submissions aforesaid.

Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties and said compromise has been verified on 09.05.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 281/2023.

In view of the above, as the applicants and opposite parties have entered into compromise and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466 .

Accordingly, criminal proceedings with regard to impugned charge-sheet dated 25.11.2023 arising out of Case Crime No. 281/2023, under sections 498-A, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, 1961 & 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 pertaining to Police Station Purwa, District - Unnao as well as the impugned summoning order dated 03.04.2025 passed by the learned Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Unnao in Criminal Case 66/2025 are hereby quashed.

The compromise shall be the part of this order.

The application is allowed accordingly.

Consigned to record.

Order Date :- 26.6.2025 Anurag

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