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

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

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 08.05.2024, the cognizance and summoning order dated 05.02.2025 and the entire proceedings of Criminal Case No. 3142/2025 (State vs. Afjal and others) arising out of Case Crime No. 651 of 2023, pending before the Judicial Magistrate/Additional Civil Judge (Jr. Div.), Agra.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 3142/2025 (State vs. Afjal and others), arising out of Case Crime No. 651 of 2023, including the charge sheet dated 08.05.2024 and the cognizance and summoning order dated 05.02.2025, may be quashed on the ground of the amicable settlement arrived at between the parties through the Mediation Centre of the Court.

Court's answer

The mediation proceedings undertaken pursuant to the Court's referral ended in a successful settlement dated 06.11.2025, whereby the applicant no. 1 (husband) and opposite party no. 2 (wife) decided to reunite and live together as husband and wife, to settle their grievances and to withdraw the cases going on between them.

Ratio / Principle

Learned State counsel did not dispute the factum of compromise between the parties, which is on record.

Key takeaways

On perusal of the records and the law laid down by the Apex Court on quashing upon settlement (B.S. Joshi; Nikhil Merchant; Manoj Sharma; Gian Singh; Shaifullah; Parbatbhai Ahir, relied upon at para 21), the present case was deemed a fit case for exercising this Court's power to quash the proceedings, charge sheet and summoning order as prayed for by the applicants.ratio¶22
The present application is allowed and the charge sheet, the summoning order and the entire proceedings of the aforesaid case are hereby quashed.ratio¶24

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.), decision dated November 18, 2025 — Application U/S 528 BNSS No. 12180 of 2025, Afjal and 2 Others v. State of U.P. and Another. Applicants sought quashing of the entire proceedings of Criminal Case No. 3142/2025 (State vs. Afjal and others), arising out of Case Crime No. 651 of 2023 under Sections 498A, 323, 504, 506 I.P.C., Section 3/4 D.P. Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 (PS Etmaddaula, District Agra), including the charge sheet dated 08.05.2024 and the cognizance and summoning order dated 05.02.2025. Following referral to the Mediation Centre (order dated 11.04.2025), mediation succeeded (report dated 06.11.2025): the parties agreed to reunite as husband and wife and to withdraw the cases pending between them. Learned State counsel did not dispute the compromise on record. Invoking the Apex Court precedents relied upon at para 21 ((2003)4 SCC 675; (2008) 9 SCC 677; (2008) 16 SCC 1; (2012) 10 SCC 303; 2013 (83) ACC 278; (2017) 9 SCC 641) establishing that cases settled between parties can be quashed, the court held the matter fit for exercising its quashing power, allowed the application, and quashed the charge sheet, summoning order and entire proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 12180 of 2025

Afjal And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd Shahrukh Wasim Ansari
Counsel for Opposite Party(s)	: G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard Sri Saif Ali, learned counsel for the applicant, learned counsel for the State and perused the records.

The present application under Section 528 BNSS has been filed by the applicants, with the prayer to quash the entire proceedings of Criminal Case No. 3142/2025 (State vs. Afjal and others), arising out of Case Crime No. 651 of 2023, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Etmaddaula, District Agra, pending in the Court of Judicial Magistrate/Additional Civil Judge (Jr. Div.), Agra including charge sheet dated 08.05.2024 as well as cognizance and summoning order dated 05.02.2025.

The matter was referred to the Mediation Centre of this Court vide order dated 11.04.2025 for making an effort between the parties for settling their disputes amicably.

As per report of Mediation Centre dated 06.11.2025, the parties have amicably settled their dispute and further agreed to withdraw the cases going on between them.

As per the office report dated 18.11.2025, a report from the Mediation Centre of this Court is on record which states that mediation between the parties is successful.

Learned counsel for the applicants argued that parties have settled the dispute amicably before the Mediation and Conciliation Centre of this Court and the applicant no. 1(husband) and the opposite party no. 2(wife) have decided to reunite and live together as husband and wife, para-7(ka) and therefore the impugned proceedings, summoning order, charge sheet be quashed on the ground of settlement arrived at between the parties.

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

NA528 No. 12180 of 2025

2

settlement dated 06.11.2025 between the parties and the Mediation succeeded and they have decided to reunite and live together as husband and wife, para-7(ka). The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7(gha) of the said mediation report.

Learned State counsel could not dispute the factum of compromise between the parties which is on record.

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, charge sheet and summoning order as prayed for by the applicants.

The present application is allowed.

The charge sheet and summoning order and entire proceedings of the aforesaid case are hereby quashed.

November 18, 2025 PS

(Tej Pratap Tiwari,J.)

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad