Meharban and 7 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Meharban and 7 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection from coercive action against the applicants till the court below verifies the compromise dated 19.08.2023; applicants/parties directed to file the self-attested application, short counter affidavit and certified copy of the order before the court below by 02.05.2025, whereafter verification is to be concluded with expedition; protection conditional and stands vacated on default.

Issue for consideration

Whether the entire proceeding of Complaint Case No. 1054/9 of 2021 (Smt. Shaista Vs. Meharban and others) under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, together with the summoning order dated 7.6.2022, should be quashed on the basis of the compromise entered into between the parties on 19.08.2023. +1 more

Court's answer

The application is disposed of with a direction to the applicants/parties to file the self-attested copy of the application, short counter affidavit and certified copy of the order before the court below by 02.05.2025, on which motion the court below shall fix a date and conduct and conclude the verification of the compromise with most expedition.

Ratio / Principle

Till the verification of the compromise application submitted by the parties is done, no coercive action shall be taken against the applicants in the proceeding of Complaint Case No. 1054/9 of 2021 and in respect of the summoning order dated 7.6.2022.

Key takeaways

The protection accorded to the applicants is conditional on compliance with the terms, conditions and timeline prescribed; in case of default the order shall stand vacated without reference to the Bench, and the parties remain free to take legal recourse post outcome of the compromise.ratio¶¶13

Detailed headnote1 paragraphs

Criminal quashing application under S. 528 BNSS (Allahabad High Court, Vikas Budhwar, J., order dated 18.4.2025) by Meharban and 7 others against Complaint Case No. 1054/9 of 2021 (Smt. Shaista Vs. Meharban and others) under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Muzaffar Nagar, and the summoning order dated 7.6.2022 of the Civil Judge (Junior Division) F.T.C.-I, Muzaffar Nagar, founded on a compromise between the parties dated 19.08.2023 already filed before the court below. The Court did not quash the proceedings outright; it disposed of the application directing the applicants/parties to file the self-attested application, short counter affidavit and certified copy of the order before the trial court by 02.05.2025 for verification of the compromise, and ordered that till such verification no coercive action be taken against the applicants. The protection is expressly conditional on compliance with the terms, conditions and timeline, and stands vacated on default without reference to the Bench, leaving the parties free to pursue legal recourse after the outcome of the compromise.

Neutral Citation No. - 2025:AHC:57273

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 12896 of 2025

Applicant :- Meharban And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rai,Gaurav Singh Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

A short counter affidavit along with a vakalatnama has been filed by Sri Garun Pal Singh (AoR No. A/G 0027/12) on behalf of O.P. No.2, which is taken on record.

Heard Sri Sunil Bajpay (AoR No. A/S 1520/2024) holding brief of Sri Amit Rai, learned counsel for the applicants and Sri V.S. Kushwaha, learned A.G.A. and Sri Garun Pal Singh for O.P. No.2.

This is an application u/s 528 of BNSS preferred by the applicants for quashing the entire proceeding of Complaint Case No. 1054/9 of 2021 (Smt. Shaista Vs. Meharban and others) under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District-Muzaffar Nagar, pending before the Court of learned Civil Judge (Junior Division) F.T.C.-I, Muzaffar Nagar as well as summoning order dated 7.6.2022 passed by learned Civil Judge (Junior Division) F.T.C.-I, Muzaffar Nagar on the basis of compromise which is taken place between the parties on 19.8.2023 and all the consequential proceedings thereon.

Learned counsel for the applicant has submitted that during the pendency of the said proceedings, the parties have entered into compromise on 19.08.2023 and the same has been filed before the court below which has been appended as Annexure-5 at page-56 onwards, reference whereof has been made in para-9. Learned counsel for the applicant submits that a direction be given to the court below for verification and till the verification is done, protection be accorded to the applicants.

Learned A.G.A. as well as counsel appearing for O.P. No. 2 do not dispute the said factum, rather to the contrary, counsel for O.P. No.2 seeks to rely upon para-2 of the short counter affidavit so as to contend that compromise has been entered and the same has been filed before the court below.

Looking into the facts and circumstances of the case, the application stands disposed of requiring the applicants/parties to file the self-attested copy of the application, short counter affidavit and the certified copy of the order before the court below by 02.05.2025. On the said motion, the court below shall fix a date and conduct and conclude the proceeding of verification with most expedition.

Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceeding of Complaint Case No. 1054/9 of 2021 (Smt. Shaista Vs. Meharban and others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District-Muzaffar Nagar, pending before the Court of learned Civil Judge (Junior Division) F.T.C.-I, Muzaffar Nagar as well as summoning order dated 7.6.2022 passed by learned Civil Judge (Junior Division) F.T.C.-I, Muzaffar Nagar.

The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench and the parties are free to take legal recourse post outcome of the compromise.

Order Date :- 18.4.2025 N.S.Rathour

(Vikas Budhwar, J)

Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad