Ajay Kumar and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Ajay Kumar and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; entire proceedings of Complaint Case No. 1541 of 2022 and the summoning order/charge sheet quashed; Principal Judge, Family Court directed to expedite hearing of Matrimonial Petition No. 602 of 2024 and decide it within 45 days from production of certified copy of this order; Office directed to communicate the order to the concerned court within two weeks.

Issue for consideration

Whether the entire proceedings and the summoning order dated 17.07.2023 in Complaint Case No. 1541 of 2022 (under Sections 498-A, 323 IPC and Section 3/4 Dowry Prohibition Act) should be quashed in view of the settlement reached between the parties through the Mediation Centre. +1 more

Court's answer

In view of the successful mediation settlement dated 06.10.2024 between the parties and the settled law laid down by the Apex Court (B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Shaifullah, Parbatbhai Ahir) on quashing proceedings upon inter-party settlement, the Court found the present case fit for exercise of its power to quash the proceedings as prayed for by the applicants.

Ratio / Principle

The application under Section 482 Cr.P.C. is allowed and the proceedings of Complaint Case No. 1541 of 2022 together with the summoning order/charge sheet are quashed.

Key takeaways

Consequential direction: the Principal Judge, Family Court concerned shall expedite the hearing of Matrimonial Petition No. 602 of 2024 and decide it within 45 days from the date of production of the certified copy of this order.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.), in Application U/S 482 No. 7336 of 2024 (Ajay Kumar and 2 others v. State of U.P. and another), allowed the Section 482 Cr.P.C. plea and quashed the summoning order dated 17.07.2023 and the entire proceedings of Complaint Case No. 1541 of 2022 (Smt. Sakshi v. Ajay Kumar and others) under Sections 498-A, 323 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali Jalaun, District Jalaun, because the parties had amicably settled their disputes in the Mediation Centre of the Court (settlement dated 06.10.2024, interim settlement dated 01.09.2024) and agreed to withdraw the cases between them. Relying 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, Shaifullah 2013 (83) ACC 278 and Parbatbhai Ahir (2017) 9 SCC 641, the Court held that cases in which the parties have settled their grievances can be quashed. The Principal Judge, Family Court, Jalaun at Urai was directed to decide the pending Section 13-B Hindu Marriage Act petition (Matrimonial Petition No. 602 of 2024) expeditiously, within 45 days from production of the certified copy of the order; Office to communicate the order to the concerned court within two weeks.

Neutral Citation No. - 2025:AHC:23166

Court No. - 78

Case :- APPLICATION U/S 482 No. - 7336 of 2024

Applicant :- Ajay Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Narayan Rathour Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

Heard Sri Laxmi Narayan Rathour, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicants- Ajay Kumar, Smt. Guddi Devi and Ramfal, with the prayer to allow the present application and quash the entire proceeding as well as summoning order dated 17.07.2023 in Complaint Case No. 1541 of 2022 (Smt. Sakshi Vs. Ajay Kumar and others), under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali Jalaun, District Jalaun. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the aforesaid case.

The matter was referred to the Mediation Centre of this Court vide order dated 22.03.2024 for making an effort between the parties for settling their disputes amicably.

As per report of Mediation Centre dated 06.10.2024 the parties have entered into an settlement dated 06.10.2024 in view of Interim Settlement dated 01.09.2024 and have amicably settled their dispute and further agreed to withdraw the cases going on between them.

From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 06.10.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising out in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7 (e) of the said mediation report.

Learned counsel for the applicants states that a case under Section 13-B of the Hindu Marriage Act is pending before the Principal Judge, Family Court, Jalaun at Urai as Matrimonial Petition No. 602 of 2024. Learned counsel assures that the

applicants shall abide by all the terms and conditions of settlement agreement arrived at between the parties before the mediation centre of this Court and shall fully co-operate with expeditious disposal of the said case pending before the Principal Judge, Family Court concerned. He prays that a direction for expeditious disposal of the same be given.

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.

The present application is allowed .

The proceedings of the present case as well as the summoning order/charge sheet are hereby quashed.

However the Principal Judge, Family Court concerned is directed to expedite the hearing of the said case and decide the same within 45 days from the date of production of certified copy of this order.

Office is directed to communicate this order to the concerned court within two weeks from today.

Order Date :- 18.2.2025 AS Rathore

(Samit Gopal,J.)

Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad