Gaurav Tomar Alias Gaurav Singh and 2 Others Vs State of… — Dowry and Cruelty | Allahabad HC (2025)

Gaurav Tomar Alias Gaurav Singh and 2 Others Vs State of… — 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; the court below to verify the compromise within two months after summoning the parties and thereafter dispose of the impugned proceeding in accordance with law; no coercive action against the applicants for two months or till verification of the compromise (whichever is earlier); liberty to file a fresh Section 528 BNSS quashing application on the basis of the verified compromise; Office to return the original deed of compromise (if any) to the applicants retaining a photocopy.

Issue for consideration

Whether the criminal proceedings (charge sheet dated 09.01.2024 and summoning order dated 02.05.2024) arising out of a matrimonial dispute can be quashed on the basis of the compromise/settlement between the parties, and if so, whether the compromise must first be verified by the court below.

Court's answer

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

Ratio / Principle

On filing of the compromise, the court below will verify it within a period of two months after summoning the parties.

Key takeaways

After verification of the compromise, the court below will dispose of the impugned proceeding in accordance with law (rather than the High Court quashing the proceedings forthwith on the unverified compromise).ratio¶6
For a period of two months or till verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶7
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.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Arun Kumar Singh Deshwal, J.), Order dated 17.04.2025, in Application U/S 528 BNSS No. 12694 of 2025: An application under Section 528 BNSS sought quashing of the charge sheet dated 09.01.2024 and summoning order dated 02.05.2024 passed by the Chief Judicial Magistrate, Orai at Jalaun in Case No.3969 of 2024 (arising out of Case Crime No.819 of 2023 under Sections 498A, 307, 506 I.P.C., 3/4 D.P. Act and 3/25 Arms Act, P.S. Kotwali Orai, District Jalaun). Counsel for the applicants and opposite party no.2 jointly submitted that the purely matrimonial dispute had been amicably settled and reduced into a written compromise dated 21.03.2025 (annexed at page 71 of the affidavit). The learned AGA did not dispute the settlement but objected that quashing could not rest on an unverified compromise. Without quashing the proceedings outright, the Court disposed of the application by directing the applicants to file the original deed of compromise before the court below within 15 days; the court below was to verify the compromise within two months after summoning the parties and thereafter dispose of the impugned proceeding in accordance with law. Interim protection was granted: no coercive action against the applicants for two months or until verification of the compromise, whichever is earlier. The parties were reserved liberty to file a fresh application under Section 528 BNSS on the basis of the verified compromise, and the Office was directed to return the original compromise deed (if any) retaining a photocopy.