Dushyant and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Dushyant and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceedings arising out of Case Crime No. 259 of 2024 pending before the Chief Judicial Magistrate, Aligarh, including Charge Sheet No.108/25 dated 09.03.2025 and the Cognizance/Summoning Order dated 07.04.2025.

Issue for consideration

Whether the entire criminal proceeding arising out of Case Crime No. 259 of 2024 (Sections 498-A, 323, 506 of I.P.C. and Section 3/4 of D.P. Act, Police Station Tappal, District Aligarh), including Charge Sheet No.108/25 dated 09.03.2025 and the Cognizance/Summoning Order dated 07.04.2025, pending before the Chief Judicial Magistrate, Aligarh, should be quashed in view of the settlement entered between the parties on 02.07.2025.

Court's answer

The Court viewed the criminal proceedings in the present case as having essentially been an outcome of a matrimonial dispute, with no over-bearing circumstances requiring prosecution of the applicants after the parties had entered into a settlement.

Ratio / Principle

With the parties' settlement, there is practically no chance of recording conviction even if the case under the F.I.R. in question is put to trial; the entire exercise of trial would only be an exercise in futility.

Key takeaways

It would be unfair or contrary to the interest of justice to continue the criminal proceeding; continuation despite settlement between the victim and the wrongdoer would tantamount to abuse of the process of law, and putting the criminal case to an end secures the ends of justice.ratio¶16
In view of the well settled principles of law laid down by the Hon'ble Apex Court in Parbatbhai Aahir v. State of Gujarat, Gian Singh v. State of Punjab and State of M.P. v. Laxmi Narayan, the proceedings of the aforesaid case were quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 76, Vikram D. Chauhan, J.), by Application U/S 528 BNSS No. 15629 of 2025 filed by Dushyant and 2 Others against the State of U.P. and another, allowed quashing of the entire criminal proceedings arising out of Case Crime No. 259 of 2024 (Sections 498-A, 323, 506 of I.P.C. and Section 3/4 of D.P. Act, P.S. Tappal, District Aligarh) pending before the Chief Judicial Magistrate, Aligarh, including Charge Sheet No.108/25 dated 09.03.2025 and the Cognizance/Summoning Order dated 07.04.2025. Viewing the proceedings as essentially an outcome of a matrimonial dispute, and noting the parties' settlement agreement dated 02.07.2025 before the Mediation Centre of the Court, the Court held there was practically no chance of conviction and that trial would be an exercise in futility; continuation despite settlement would tantamount to abuse of the process of law. Relying on Parbatbhai Aahir (2017) 9 SCC 641, Gian Singh (2012) 10 SCC 303 and Laxmi Narayan (2019) 5 SCC 688, the Court quashed the proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15629 of 2025

Dushyant And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Sachida Nand Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application has been filed for quashing the entire criminal proceeding including the impugned Charge Sheet No.108/25 dated 09.03.2025 as well as Cognizance/Summoning Order dated 07.04.2025 passed by Learned Chief Judicial Magistrate, Aligarh in Case No.Nil of 2025 (State Versus Devendra and Others) arising out of Case Crime No. 259 of 2024, under Sections 498-A, 323, 506 of I.P.C. and Section 3/4 of D.P. Act, Police Station Tappal, District Aligarh, pending in the Court of Learned Chief Judicial Magistrate, Aligarh.

Learned counsel for the applicants submitted that the settlement agreement has already been entered between the parties before the Mediation Centre of this Court on 02.07.2025, therefore, the present case be finally decided.

Learned AGA does not dispute the fact that parties have entered into settlement agreement before the Mediation Centre of this Court. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings.

Having examined the matter in its totality, this Court is of the view that

NA528 No. 15629 of 2025

2

the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute; and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have settled the dispute and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed.

It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end.

In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the settlement agreement dated 02.07.2025, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688 , the proceedings of the aforesaid case is hereby quashed.

The present application is, accordingly, allowed .

(Vikram D. Chauhan,J.)

September 15, 2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad