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

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

What the court decided

AI extract

Outcome

Applicants directed to file the original deed of compromise before the court below within 15 days; court below to summon the parties and verify the compromise within two months of receiving its copy and thereafter dispose of the impugned proceeding in accordance with law; no coercive action against the applicants for two and a half months or till verification of the compromise, whichever is earlier; liberty reserved to file a fresh application u/s 528 of BNSS on the basis of the verified compromise.

Issue for consideration

Whether the proceedings arising out of Case Crime No. 653 of 2020 (charge sheet No. 16 of 2023 dated 09.01.2023 and cognizance order dated 22.09.2023) should be quashed on the basis of the written compromise dated 29.03.2025, which had not yet been verified by the court below.

Court's answer

The application is disposed of with a direction to the applicants to file the original deed of compromise before the court below within 15 days.

Ratio / Principle

On the compromise being filed, the court below will verify it after summoning the parties within two months from the date of receiving its copy.

Key takeaways

After verification of the compromise, the court below is to dispose of the impugned proceeding in accordance with law.ratio¶¶12
No coercive action shall be taken against the applicants for a period of two and a half months or till verification of the compromise, whichever is earlier.ratio¶¶13
The applicants are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of the verified compromise.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. - 75), Hon'ble Arun Kumar Singh Deshwal, J. — Application U/S 528 BNSS No. 15912 of 2025 (order date 7.5.2025): Prashant Kumar and 2 others sought quashing of charge sheet No. 16 of 2023 dated 09.01.2023, cognizance order dated 22.09.2023 and the entire proceedings of Case No.29911 of 2023 (State vs. Prashant Kumar and others) arising out of Case Crime No. 653 of 2020, under Sections-498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, P.S. Sadar Bazar, District Agra. Counsel submitted the matrimonial dispute had been settled amicably by a written compromise dated 29.03.2025; the learned AGA objected that the compromise was yet to be verified by the court below. The application was DISPOSED OF: applicants directed to file the original deed of compromise before the court below within 15 days; court below to verify it after summoning the parties within two months of receiving its copy and then dispose of the impugned proceeding in accordance with law; no coercive action against the applicants for two and a half months or till verification, whichever is earlier; liberty reserved to file a fresh application u/s 528 of BNSS on the basis of the verified compromise.

Neutral Citation No. - 2025:AHC:73990

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 15912 of 2025

Applicant :- Prashant Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Mahendra Tripathi, learned counsel for the applicants and Sri P.P. Tiwari, learned AGA for the State.

The present application has been filed to quash the charge sheet No. 16 of 2023 dated 09.01.2023 and cognizance order dated 22.09.2023 as well as entire proceedings of Case No.29911 of 2023 (State vs. Prashant Kumar and others) arising out of Case Crime No. 653 of 2020, under Sections-498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Sadar Bazar, District- Agra.

Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 29.03.2025 has also been entered into between them.

Per contra , learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification.

Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court

below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.

After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.

It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants.

It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.

Order Date :- 7.5.2025 Manoj

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