Ghupharan Ahmad and 3 Others Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Ghupharan Ahmad and 3 Others Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: applicants to file original deed of compromise before the court below within 15 days; court below to verify the compromise within two months of filing and then dispose of the impugned proceeding per law; interim bar on coercive action against applicants for two and a half months or until verification, whichever earlier; liberty to re-apply under Section 528 BNSS on a verified compromise.

Issue for consideration

Whether the entire proceeding of case No. 5279 of 2022 (case crime No. 440 of 2021) under Sections 498A, 323, 506 IPC and 3/4 DP Act, P.S. Ghosi, District Mau, can be quashed on the basis of the written compromise entered into between the parties. +1 more

Court's answer

As interim protection, no coercive action shall be taken against the applicants in the aforesaid case for a period of two and a half months or till verification of the compromise, whichever is earlier.

Ratio / Principle

The court did not quash the proceeding forthwith; instead it directed the applicants to file the original deed of compromise before the court below within 15 days, and held that the court below shall verify the compromise after summoning the parties within two months from the date of filing and thereafter dispose of the impugned proceeding in accordance with law.

Key takeaways

The parties remain 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

Allahabad High Court (Arun Kumar Singh Deshwal, J.) disposed of an application under Section 528 BNSS (No. 12094 of 2025) by Ghupharan Ahmad and 3 others seeking quashing of the entire proceeding of case No. 5279 of 2022 (case crime No. 440 of 2021) under Sections 498A, 323, 506 IPC and 3/4 DP Act, P.S. Ghosi, District Mau, on the ground that the matrimonial dispute had been amicably settled through a written compromise. The court did not quash immediately: applicants were directed to file the original deed of compromise before the court below within 15 days; the court below was to verify the compromise after summoning the parties within two months of filing and thereafter dispose of the impugned proceeding in accordance with law. Interim relief was granted — no coercive action against the applicants for two and a half months or until verification, whichever is earlier — with liberty to file a fresh Section 528 BNSS application on the basis of a verified copy of the compromise. Order dated 11.4.2025; Neutral Citation 2025:AHC:53911.

Neutral Citation No. - 2025:AHC:53911

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 12094 of 2025 Applicant :- Ghupharan Ahmad And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dadhi Bal Yadav Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri D.B. Yadav, learned counsel for the applicants; Sri Padmakar Rai, learned A.G.A. for the State; and Sri Radha Krishna Yadav, learned counsel for opposite party No.2, who has filed vakalatnama today and the same is taken on record.

The instant application has been filed to quash quash the entire proceeding of case No. 5279 of 2022, case crime No. 440 of 2021, under Section 498A, 323, 506, IPC and 3/4 DP Act, P.S. Ghosi, District Mau.

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. It has been requested that the impugned proceedings may be quashed on the basis of 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 :- 11.4.2025/Vandana

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