Rishi Narayan Gupta and 5 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Rishi Narayan Gupta and 5 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) applicants to file the original compromise deed before the court below within 15 days; (ii) court below to verify the compromise after summoning the parties within two months of filing and thereafter dispose of the impugned proceeding in accordance with law; (iii) no coercive action against the applicants for two and a half months or till verification of the compromise, whichever is earlier; (iv) liberty to file a fresh Section 528 BNSS application on the basis of the verified copy of the compromise

Issue for consideration

Whether the criminal proceeding arising out of case crime no. 365 of 2022 (case no. 6372 of 2024), including the charge-sheet dated 29.11.2023 and cognizance order dated 05.03.2024, should be quashed/stayed on the basis of the written compromise dated 27.2.2025 reached between the parties

Ratio / Principle

Applicants were directed to file the original deed of compromise before the court below within a period of 15 days

Key takeaways

Once the compromise is filed, the court below is to verify it after summoning the parties within a period of two months from the date of filingratio¶10
After verification, the court below is to dispose of the impugned proceeding in accordance with law; quashing was deferred to the court below pending verification rather than effected by this Court at this stageratio¶10
As interim protection, no coercive action shall be taken against the applicants for a period of two and a half months or till verification of the compromise, whichever is earlier

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.; Neutral Citation 2025:AHC:45563; Court No. 75) disposed of Application U/S 528 BNSS No. 10519 of 2025 moved by Rishi Narayan Gupta and 5 others, which sought quashing of the charge-sheet dated 29.11.2023 and cognizance order dated 05.03.2024 in proceeding no. 6372 of 2024 (arising out of case crime no. 365 of 2022, u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Aliganj, District Etah) on the basis of a written compromise dated 27.2.2025 by which the parties settled their matrimonial dispute. The Court did not itself quash the proceeding: the applicants were directed to file the original compromise deed before the court below within 15 days; the court below is to summon the parties and verify the compromise within two months of filing and, after verification, dispose of the impugned proceeding in accordance with law. Interim protection was granted: no coercive action against the applicants for two and a half months or till verification of the compromise, whichever is earlier. The parties were left at liberty to file a fresh Section 528 BNSS application on the basis of the verified copy of the compromise, if need arises.

Neutral Citation No. - 2025:AHC:45563

Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10519 of 2025 Applicant :- Rishi Narayan Gupta And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Shankar Sachan Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Short counter affidavit along with vakalatnama , filed by Sri Vikas Singh, learned counsel for opposite party No.2, is taken on record.

Heard Sri Shiv Shankar Sachan, learned counsel for the applicants; Sri Vikas Singh, learned counsel for opposite party No.2; and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

The instant application has been filed to quash the charge sheet dated 29.11.2023, cognizance order dated 05.03.2024, as well as stay the proceeding of case no. 6372 of 2024, arising out of case crime no. 365 of 2022, u/s 498A, 323, 504, 506, IPC and 3/4 D.P. Act, at P.S. Aliganj, 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 a written compromise dated 27.2.2025. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.

Though learned counsel for opposite party No.2 did not dispute the above fact, 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 :- 2.4.2025/Vandana

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