Abhishek Agnihotri Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Abhishek Agnihotri Vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; charge-sheet dated 28.12.2024 in Case Crime No. 433 of 2024, summoning order dated 14.08.2025 and entire proceedings of Case No. 78746 of 2025 (State of U.P. Vs. Abhishek Agnihotri and Ors.) quashed; Office directed to communicate the order to the learned trial Court forthwith.

Issue for consideration

Whether the charge-sheet dated 28.12.2024, summoning order dated 14.08.2025 and entire proceedings of Case No. 78746 of 2025 arising out of Case Crime No. 433 of 2024 can be quashed in exercise of inherent powers under Section 528 BNSS, given the compromise arrived at between the parties.

Court's answer

Inherent power can be used to do real and substantial justice and can be exercised to speed up the process of ending criminal proceedings where a settlement has been arrived at between the parties.

Ratio / Principle

Since the matter is purely of personal nature and has been mutually settled between the parties by way of compromise, no useful purpose would be served in proceeding with the matter further.

Key takeaways

The application is allowed and the impugned charge-sheet dated 28.12.2024, summoning order dated 14.08.2025 and entire proceedings of Case No. 78746 of 2025 are quashed.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. — Application under S. 528 BNSS allowed; charge-sheet dated 28.12.2024 in Case Crime No. 433 of 2024 (Ss. 498-A, 323, 504, 506 IPC and Ss. 3/4 D.P. Act, P.S. Sushant Golf City, District Lucknow), summoning order dated 14.08.2025 and entire proceedings of Case No. 78746 of 2025 (State of U.P. Vs. Abhishek Agnihotri and Ors.) quashed. Parties to the matrimonial dispute entered into a compromise; verification was directed by order dated 02.09.2025 and the compromise was verified by the court concerned vide report/order dated 12.09.2025, which the learned A.G.A. conceded. Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), the Court held that inherent power can be used to do real and substantial justice and can be exercised to end criminal proceedings where the parties have settled; the matter being purely of personal nature, no useful purpose would be served in continuing the proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1121 of 2025

Abhishek Agnihotri

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And 2 Others .....Opposite Party(s)

Counsel for Applicant(s) : Vaibhav Shukla Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. This application has been filed with the following prayer:-

"To quash the impugned charge-sheet dated 28.12.2024 arising out of Case Crime No. 433 of 2024 u/s 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Sushant Golf City, District- Lucknow and summoning order dated 14.08.2025 including entire proceedings of Case No. 78746 of 2025 (State of U.P. Vs. Abhishek Agnihotri and Ors.)."

Learned counsel for the applicant has submitted that vide order dated 02.09.2025, a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise.

Learned counsel for the applicant has submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 12.09.2025.

Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court concerned.

NA528 No. 1121 of 2025

2

Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

For the discussions made above, the present application is allowed . The impugned charge-sheet dated 28.12.2024 arising out of Case Crime No. 433 of 2024 (supra) and summoning order dated 14.08.2025 including entire proceedings of Case No. 78746 of 2025 (State of U.P. Vs. Abhishek Agnihotri and Ors.) are hereby quashed .

Office is directed to communicate this order to learned trial Court, forthwith.

(Rajeev Singh,J.)

October 31, 2025 Arpan

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