Neeru Devi Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Neeru Devi Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the entire proceeding of Case No. 92 of 2013 (Sections 498A, 323 IPC and 3/4 D.P. Act, P.S. Sikandra Rau, District Hathras) may be quashed on the basis of the written compromise dated 12.12.2024 arrived at between the parties. +1 more

Court's answer

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

Ratio / Principle

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

Key takeaways

On the compromise being filed, the court below shall verify it after summoning the parties within two months of filing, and after verification dispose of the impugned proceeding in accordance with law.ratio¶10
The parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of a verified copy of the compromise, if need arises.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Arun Kumar Singh Deshwal, J.), by order dated 4.4.2025 in Application U/S 528 BNSS No. 10721 of 2025 (Neutral Citation 2025:AHC:47315), disposed of Neeru Devi's application seeking quashing of the entire proceeding in Case No. 92 of 2013 (Sections 498A, 323 IPC and 3/4 D.P. Act), P.S. Sikandra Rau, District Hathras, arising out of case crime No. 593 of 2012, on the basis of a written compromise dated 12.12.2024 between the parties. The Court did not quash the proceedings outright; it directed the applicant to file the original compromise deed before the court below within 15 days, the court below to verify the compromise after summoning the parties within two months of filing and then dispose of the impugned proceeding in accordance with law. Interim protection was granted: no coercive action against the applicant for two and a half months or till verification of the compromise, whichever is earlier. Parties were reserved liberty to file a fresh Section 528 BNSS application on a verified copy of the compromise if need arose.

Neutral Citation No. - 2025:AHC:47315

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 10721 of 2025 Applicant :- Neeru Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Akhilesh Kr. Singh, learned counsel for the applicant and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

The instant application has been filed to quash entire proceeding of case No. 92 of 2013, under Section 498A, 323, IPC and 3/4 D.P. Act, P.S. Sikandra Rau, District Hathras, arising out of case crime No. 593 of 2012.

Learned counsel for the applicant 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 12.12.2024. 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 applicant is 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 applicant, 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 applicant 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 :- 4.4.2025 Vandana

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