Allowed¶20

Harsh @ Harsh Pawar and 6 Othes v. State of U.P. and Another

Allahabad HC15 May 2025NA528/15266/2025

Case brief

AI extract

What is this about?

Quashing of complaint case and summoning order under Sections 498A, 323 IPC and Section 3/4 D.P. Act on the basis of a compromise verified by the trial court; application under Section 528 BNSS allowed; reliance on Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of Madhya Pradesh v. Laxmi Narayan (2019) 5 SCC 688; High Court of Judicature at Allahabad; Vikas Budhwar, J.; order dated 16.5.2025.

What did the court decide?

Entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) and the summoning order dated 26.08.2022 quashed and set aside against the applicants; liberty reserved to opposite party no.2 to file appropriate proceedings if aggrieved. ¶20

Harsh @ Harsh Pawar and 6 Othes Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) (Sapna Vs. Harsh and others) and the summoning order dated 26.08.2022 under Sections 498A, 323 IPC and Section 3/4 of D.P. Act should be quashed in view of the compromise between the parties and its verification by the trial court.

¶8

Court's answer

In the factual backdrop that the compromise between the parties has been verified, and placing reliance on Gian Singh v. State of Punjab and another and State of Madhya Pradesh v. Laxmi Narayan, the Court found that nothing remains to be proceeded.

¶18

Ratio / Principle

The entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) (Sapna Vs. Harsh and others) and the summoning order dated 26.08.2022, under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, stand quashed and set aside against the applicants.

¶19

Key takeaways

In case the opposite party no.2 is aggrieved, it shall be open for her to file an appropriate proceeding.obiter¶21

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.) allowed an application under Section 528 BNSS seeking quashing of the entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) (Sapna Vs. Harsh and others) and the summoning order dated 26.08.2022 under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor. The parties had entered into an out-of-court compromise on 29.01.2025; an earlier application (No. 8566 of 2025, decided 18.3.2025) had directed its verification, which the trial court carried out on 3.4.2025. Placing reliance on Gian Singh v. State of Punjab and another, 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, the Court held that nothing remained to be proceeded and quashed the proceedings and summoning order against the applicants, leaving the opposite party no. 2 free to file appropriate proceedings if aggrieved.

¶1

Neutral Citation No. - 2025:AHC:81064

¶2

Court No. - 73

¶3

Case :- APPLICATION U/S 528 BNSS No. - 15266 of 2025

¶4

Applicant :- Harsh @ Harsh Pawar And 6 Othes Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra,Rishabh Tiwari Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vikas Budhwar,J.

¶6

Heard Sri Rishabh Tiwari, learned counsel for the applicants as well as Sri Bhuwal Vishwakarma, learned AGA for the State.

¶7

In view of the order, which is being proposed to be passed, notices are not being issued to O.P. No. 2.

¶8

This application U/s 528 of BNSS has been filed for quashing the entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) (Sapna Vs. Harsh and others) and summoning order dated 26.08.2022, under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the Court of learned Civil Judge (J.D.), F.T.C./Judicial Magistrate (Offence Against Women) Court No.2, Bijnor.

¶9

The applicants herein had earlier approached this Court while filing Application U/S 528 BNSS No.8566 of 2025, Harsh @ Harsh Pawar and 6 others vs. State of U.P. and another in which on 18.3.2025 the following order was passed:-

¶10

"Heard Sri Rishabh Tiwari (AOR A/R 1875/2023) holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the applicants as well as Sri Bhuwal Vishwakarma, learned AGA for the State.

¶11

2. This application U/s 528 of BNSS has been filed for quashing the entire proceedings of Complaint Case No. 6151 of 2021 (Case No. 560 of 2021) (Sapna Vs. Harsh and others) and summoning order dated 26.08.2022 passed in aforesaid complaint case under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the Court of learned Additional Civil Judge (J.D.), F.T.C.-II, Bijnor.

¶12

3. Learned counsel for the applicants has submitted that though a complain stood lodged by the opposite party No. 2 against the applicants being No. 6151 of 2021 under Sections 498A, 323 of the I.P.C. read with Section 3/4 of D.P. Act. Learned counsel for the applicants has invited attention towards Annexure-4 at page 34 of the paper book reference whereof has been made at para 12 of the application that the parties have entered into compromise out

¶13

of Court on 29.01.2025. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded.

¶14

4. Learned AGA does not dispute the said fact, in case, compromise has been entered into between the parties then direction be issued for verification. 5. Considering the submission made across the bar, the application stands disposed of directing the applicants to appear before the Court of Additional Civil Judge (J.D.)/F.T.C.-II, Bijnor on 04.04.2025 along with the self attested copy of the present application, certified copy of the order and original copy of the compromise application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application by 23.05.2025.

¶15

6. 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 proceedings of Complaint Case No. 6151 of 2021 (Case No. 560 of 2021 under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Bijnor. 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. The parties are free to take legal recourse post outcome of the compromise."

¶16

Learned counsel for the applicants has invited attention of the Court towards page 43/44 of the paper book Annexure-5 reference whereof has been made in paragraph no.13 of the application so as to contend that the court of Civil Judge (J.D.)-F.T.C./J.M. atrocities against women court no.2 Bijnor had proceeded to verify the compromise entered into between the parties on 3.4.2025.

¶17

Learned AGA has no objection to the same.

¶18

Considering the submission so made across the bar, in the factual backdrop that the compromise has been verified and in view of the law laid down in the case of Reliance has been placed upon the judgment in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688 . The Court finds that nothing remains to be proceeded.

¶19

In view of above, the entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) (Sapna Vs. Harsh and others) and summoning order dated 26.08.2022, under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the Court of learned Civil Judge (J.D.), F.T.C./Judicial Magistrate (Offence Against Women) Court No.2, Bijnor stands quashed and set aside against the applicants.

¶20

Accordingly, the present application stands allowed .

¶21

In case the opposite party no.2 is aggrieved, it shall be open for her to file an appropriate proceedings.

¶22

Order Date :- 16.5.2025 piyush

¶23

Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad

Harsh @ Harsh Pawar and 6 Othes v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Harsh @ Harsh Pawar and 6 Othes v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases