Anupam Srivastava and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Anupam Srivastava and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) the court below to verify the compromise dated 01.04.2025 within two months after summoning the parties and thereafter dispose of the impugned proceeding in accordance with law; (ii) no coercive action against the applicants for two months or till verification of the compromise, whichever is earlier; (iii) liberty to file a fresh application under Section 528 BNSS on the basis of the verified copy of the compromise, if need arises.

Issue for consideration

Whether the charge sheet dated 04.09.2020 and the entire proceeding of Case No.89/IX/2020 (arising out of Case Crime No.7 of 2020) can be quashed on the basis of the compromise dated 01.04.2025 arrived at between the parties.

Court's answer

The court did not quash the proceedings on the unverified compromise; instead it directed the court below to verify the compromise dated 01.04.2025 within a period of two months after summoning the parties, and after verification to dispose of the impugned proceeding in accordance with law.

Ratio / Principle

Interim protection: 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.

Key takeaways

The parties were granted liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of a verified copy of the compromise, if need arises.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.), Neutral Citation 2025:AHC:77812 — Application under Section 528 BNSS (No. 15643 of 2025) by Anupam Srivastava and 2 others seeking quashing of the charge sheet dated 04.09.2020 and the entire proceeding of Case No.89/IX/2020 (Case Crime No.7 of 2020) under Sections 498A, 323, 504 IPC and Sections 3/4 D.P. Act, P.S. Mahila Thana, District Banda, pending before the IInd Additional Civil Judge (J.D.)/F.T.C., Banda, on the ground that the matrimonial dispute has been settled by a written compromise dated 01.04.2025: HELD, the application is disposed of with a direction to the court below to verify the compromise within two months after summoning the parties and, upon verification, to dispose of the impugned proceeding in accordance with law; meanwhile no coercive action shall be taken against the applicants for two months or till verification of the compromise, whichever is earlier; parties at liberty to file a fresh Section 528 BNSS application on the basis of the verified copy of the compromise if need arises.

Neutral Citation No. - 2025:AHC:77812

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 15643 of 2025

Applicant :- Anupam Srivastava And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Chandra Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Shri Chandra, learned counsel for the applicants and Sri Anees Kumar Upadhyay, learned AGA for the State.

The instant application has been filed for quashing the charge sheet dated 04.09.2020 as well as entire proceeding of Case No.89/IX/2020, arising out of Case Crime No.7 of 2020, under Sections 498A, 323 504 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Banda, pending in the court of IInd Additional Civil Judge (J.D.)/F.T.C., Banda.

Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 01.04.2025 is reduced in written compromise and also annexed at page 50 of the affidavit. The said compromise has already been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.

Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding.

In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law.

For a period of two 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 .

Order Date :- 13.5.2025 A.Kr.

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