Shaukat Ali and 5 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Shaukat Ali and 5 Others 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: the court below to verify the compromise dated 14.2.2025 after summoning the parties within two months and thereafter dispose of the impugned proceeding in accordance with law; no coercive action against the applicants for two months or till verification, whichever is earlier; liberty reserved to file a fresh quashing application under Section 528 BNSS on the basis of the verified compromise.

Issue for consideration

Whether the proceeding in criminal Case No. 1136 of 2022 (arising out of case crime No. 703 of 2021, under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act) should be quashed in view of the compromise dated 14.2.2025 reached between the parties.

Ratio / Principle

The court below is directed to verify the compromise dated 14.2.2025 after summoning the parties, within a period of two months from the date of receipt of a copy of the order.

Key takeaways

After verification of the compromise, the court below is to dispose of the impugned proceeding in accordance with law; the High Court did not itself quash the proceeding at this stage.ratio¶9
Interim protection: for two months or until verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.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 the verified copy of the compromise, if need arises.

Detailed headnote1 paragraphs

Allahabad High Court (Neutral Citation 2025:AHC:54713; Arun Kumar Singh Deshwal, J.; order dated 15.4.2025) disposed of an application under Section 528 BNSS by Shaukat Ali and 5 others seeking quashing of criminal Case No. 1136 of 2022 (case crime No. 703 of 2021) under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Gursahay Ganj, District Kannauj, founded on a matrimonial compromise dated 14.2.2025 already filed before the court below and not disputed by opposite party No.2. The Court did not quash the proceeding outright: it directed the court below to verify the compromise after summoning the parties within two months of receipt of a copy of the order and, upon verification, to dispose of the impugned proceeding in accordance with law. As interim protection, no coercive action was to be taken against the applicants for two months or till verification of the compromise, whichever is earlier. The parties were granted liberty to file a fresh application under Section 528 BNSS on the basis of the verified copy of the compromise, if need arose.

Neutral Citation No. - 2025:AHC:54713

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 12209 of 2025 Applicant :- Shaukat Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard sri Rajesh Kr. Pandey, learned counsel for the applicants, Sri Anish Kr. Upadhyay, learned A.G.A. for the State and Sri Sanjay Kr. Shukla, learned counsel for opposite party No.2 who has filed his vakalatnama today and the same is taken on record.

This application has been filed to quash the proceeding of criminal Case No. 1136 of 2022, arising out of case crime No. 703 of 2021, under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Gursahay Ganj, District Kannauj.

Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 14.2.2025. It is further submitted that the said compromise has already been filed before the court below.

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 court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the impugned proceeding in accordance with law.

For a period of two 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 :- 15.4.2025 Vandana

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