Pradeep Chaudhary and 4 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Pradeep Chaudhary and 4 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under S. 528 BNSS allowed; charge-sheet dated 19.10.2023, cognizance/summoning order dated 27.11.2024 and entire proceedings of Case No. 153034 of 2024 (State Vs. Pradeep Chaudhary and others), arising out of Case Crime No. 275 of 2023, quashed.

Issue for consideration

Whether the charge-sheet dated 19.10.2023, the cognizance/summoning order dated 27.11.2024 and the entire proceedings of Case No. 153034 of 2024 (arising out of Case Crime No. 275 of 2023) should be quashed in view of the compromise dated 22.1.2025 entered into between the parties and verified by the court on 9.7.2025.

Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute; with the parties having settled, there is practically no chance of recording conviction even if the FIR is put to trial, the trial would be an exercise in futility, and it would be in the interest of justice to quash the proceedings.

Ratio / Principle

Continuance of the criminal proceedings despite the settlement and compromise between the victim and the wrongdoer would be unfair, contrary to the interest of justice, and tantamount to abuse of process of law; to secure the ends of justice it is appropriate that the criminal case is put to an end.

Key takeaways

Since the parties mutually settled the matter in view of the compromise dated 22.1.2025 and do not wish to pursue the case, no useful purpose would be served in proceeding with the matter further.ratio¶7
Applying the well-settled principles laid down by the Supreme Court in Parbatbhai Aahir, Gian Singh and State of M.P. Vs. Laxmi Narayan, the proceedings of Case No. 153034 of 2024 are quashed and the application under S. 528 BNSS is allowed.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.) allowed an application under S. 528 BNSS seeking quashing of the charge-sheet dated 19.10.2023, the cognizance/summoning order dated 27.11.2024 and the entire proceedings of Case No. 153034 of 2024 under Sections 323, 504, 498A, 325 IPC and Section 3/4 Dowry Prohibition Act, P.S. Refinery, District Mathura, arising out of Case Crime No. 275 of 2023. The Court found the proceedings to be essentially the outcome of a matrimonial dispute; the parties had compromised on 22.1.2025 (compromise verified on 9.7.2025) and there was practically no chance of conviction, making the trial an exercise in futility and its continuance an abuse of process. Relying on Parbatbhai Aahir (2017) 9 SCC 641, Gian Singh (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688, the proceedings were quashed.

Neutral Citation No. - 2025:AHC:134683

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 17991 of 2025

Applicant :- Pradeep Chaudhary And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

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

The present application has been filed by the applicants for quashing/setting aside the charge-sheet dated 19.10.2023 and cognizance/summoning order dated 27.11.2024 as well as entire proceeding of Case No. 153034 of 2024 (State Vs. Pradeep Chaudhary and others) under Sections 323, 504, 498A, 325 IPC & Section 3/4 Dowry Prohibition Act, Police Station Refinery, District Mathura, pending in the court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 2, Mathura arising out of Case Crime No. 275 of 2023 on the basis of compromise filed on 22.1.2025.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 22.1.2025 and the same has been verified by the court concerned on 9.7.2025, therefore, the present case be finally decided.

Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. 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 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 compromised 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 and compromise 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 compromise dated 22.1.2025, 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.

Order Date :- 8.8.2025 VMA

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad