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

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

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) court below to verify the compromise dated 11.03.2025 within two months from presentation of a copy of the order after summoning the parties; (ii) after verification, court below may dispose of the impugned proceeding in accordance with law; (iii) no coercive action against the applicants for two months or till verification of the compromise, whichever is earlier; (iv) liberty to file a fresh application under Section 528 BNSS on the basis of the verified copy of the compromise.

Issue for consideration

Whether the entire proceedings of Case No. 1601/2023 (arising out of Case Crime No. 160/2021 under Sections 498A, 323, 504 IPC, Police Station Chatta, District Agra), the charge sheet dated 22.03.2022 and the summoning order dated 02.02.2023 can be quashed on the basis of the written compromise dated 11.03.2025 between the parties.

Court's answer

The Court did not itself quash the proceedings on the basis of the unverified compromise; it directed the court below to verify the compromise dated 11.03.2025 within two months from the date of presentation of a copy of the order, after summoning the parties.

Ratio / Principle

Upon verification of the compromise, the court below may dispose of the impugned proceeding in accordance with law.

Key takeaways

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.ratio¶12
Liberty reserved to the parties to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of the verified copy of the compromise, if need arises.ratio¶13

Detailed headnote1 paragraphs

Quashing - compromise between parties - matrimonial dispute - Applicants sought quashing under Section 528 BNSS of the entire proceedings of Case No. 1601/2023 (arising out of Case Crime No. 160/2021, Sections 498A, 323, 504 IPC, Police Station Chatta, District Agra), the charge sheet dated 22.03.2022 and the summoning order dated 02.02.2023, on the basis of a written compromise dated 11.03.2025 filed before the court below; the learned AGA objected that the proceedings could not be quashed on the basis of compromise. Held (Arun Kumar Singh Deshwal, J.): the High Court did not quash the proceedings itself; it directed the court below to verify the compromise within two months from presentation of a copy of the order after summoning the parties, whereafter the court below may dispose of the impugned proceeding in accordance with law. Interim protection: no coercive action against the applicants for two months or till verification of the compromise, whichever is earlier. Parties at liberty to file a fresh application under Section 528 BNSS on the basis of the verified copy of the compromise, if need arises. Application disposed of (order dated 12.05.2025).

Neutral Citation No. - 2025:AHC:77039

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 16439 of 2025

Applicant :- Lokesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganga Shankar,Jitendra Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Shri Jitendra Kumar Tripathi, learned counsel for the applicants and Sri Brijesh Kumar Dwivedi, learned AGA for the State.

The instant application has been filed to quash the entire proceedings of Case No.1601/2023, arising out of Case Crime No. 160/2021, under Sections 498A, 323, 504 I.P.C., Police Station Chatta, District- Agra and charge sheet dated 22.03.2022 and summoning order dated 02.02.2023.

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 11.03.2025 is reduced in written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.

However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise.

In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. After verification of the aforesaid compromise, court below may

dispose of 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 :- 12.5.2025 Sharad/-

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