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

Shakil and Another 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: applicants to file the original deed of compromise 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 applicants for two and a half months or till verification of the compromise, whichever is earlier; liberty to file a fresh application under Section 528 BNSS on the verified copy of the compromise; Office to return the original deed of compromise to counsel for the applicants after retaining a photocopy on record.

Issue for consideration

Whether the charge sheet dated 26.4.2012 and the entire proceeding of S.T. No. 265 of 2014 (arising out of case crime No. 196 of 2012, under Sections 498A, 306 IPC and 3/4 D.P. Act, P.S. Swar, District Rampur) should be quashed. +1 more

Ratio / Principle

The applicants are directed to file the original deed of compromise before the court below within a period of 15 days.

Key takeaways

If the compromise is filed, the court below is to verify it after summoning the parties within two months from the date of filing, and after verification dispose of the impugned proceeding in accordance with law.ratio¶13
No coercive action shall be taken against the applicants for a period of two and a half months or till verification of the compromise, whichever is earlier.ratio¶14
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 (Arun Kumar Singh Deshwal, J.) disposed of an application under Section 528 BNSS (No. 12329 of 2025) by Shakil and another - stated to be the uncle and mother of the husband of opposite party No.2 - seeking quashing of the charge sheet dated 26.4.2012 and the entire proceeding of S.T. No. 265 of 2014 (case crime No. 196 of 2012, under Sections 498A, 306 IPC and 3/4 D.P. Act, P.S. Swar, District Rampur), initiated on the FIR of opposite party No.2 lodged after her husband's suicide. Noting the parties' written compromise dated 17.8.2023 and that the proceeding on the cross-FIR had already been quashed vide order dated 4.10.2023 in Application u/s 482 no. 16211 of 2023, the Court directed the applicants 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 and thereafter dispose of the impugned proceeding in accordance with law. Till then, no coercive action was to be taken 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 verified compromise.

5Neutral Citation No. - 2025:AHC:56188

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 12329 of 2025

Applicant :- Shakil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- Grijesh Kumar,G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Compromise, filed by the counsel for the opposite party No.2, is taken on record.

Heard Sri Umesh Chandra Tiwari, learned counsel for the applicants, Sri Sheetla Prasad, learned State Law Officer, and Sri Grijesh Kr. Pandey, learned counsel for opposite party No.2.

The instant application has been filed to quash the charge sheet dated 26.4.2012 as well as entire proceeding of S.T. No. 265 of 2014, arising out of case crime No. 196 of 2012, under Sections 498A, 306 IPC and 3/4 D.P. Act, P.S. Swar, District Rampur.

Learned counsel for the applicants submits that the present applicants are uncle and mother, respectively, of the husband of opposite party No.2 and the husband of opposite party No.2 had committed suicide by setting a fire. Thereafter, two FIRs were lodged; one by father-in-law of opposite party No.2 against her and another by opposite party No.2 against her father-in-law and other family members which is impugned herein. It is further submitted that allegation in the impugned F.I.R. is that the fatherin-law of opposite party No.2 used to scold her husband, therefore, he committed suicide. However, on such fact, Section 306 IPC is not made out. Even otherwise, the parties have settled their dispute and the proceeding, initiated on the basis of the F.I.R., lodged by the father-in-law of opposite party No.2, has already been quashed by this Court in pursuance of the compromise entered into between the parties vide order dated 4.10.2023 in Application u/s 482 no. 16211 of 2023. It is further submitted that the in the impugned proceeding also, the parties have settled their dispute and entered into a written compromise dated 17.8.2023 wherein the parties have admitted that in a spur of moment, they lodged FIRs against each other. The original deed of compromise has been annexed at page No 35 of the affidavit.

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 .

Office to return the original deed of compromise to the counsel for the applicants after retaining photocopy of the same on record.

Order Date :- 15.4.2025 Vandana

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