Navi Ahmad and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Navi Ahmad and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire proceedings and charge-sheet dated 08.05.2016 in Case No.3124/2021 (State Vs. Navi Ahmad and others) arising out of Case Crime No.257 of 2015 quashed.

Issue for consideration

Whether the entire criminal proceeding and the charge-sheet dated 08.05.2016 in Case No.3124/2021 arising out of Case Crime No.257 of 2015 (Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act) should be quashed in view of the compromise deed dated 30.04.2025 entered into between the parties. +1 more

Court's answer

The criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute; with the parties' settlement there is practically no chance of recording conviction even if the case is put to trial, the entire exercise of trial would be an exercise in futility, and it would be in the interest of justice that the criminal proceedings are quashed.

Ratio / Principle

Continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer; to secure the ends of justice it is appropriate that the criminal case is put to an end.

Key takeaways

Since the parties do not want to pursue the case any further and the matter has been mutually settled in view of the compromise dated 30.4.2025, no useful purpose would be served in proceeding with the matter further.ratio¶15
In view of the well settled principles of law laid down by the Hon'ble Apex Court in Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, the proceedings of the aforesaid case are quashed.ratio¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikram D. Chauhan, J.), by order dated 20.8.2025, allowed Application U/S 528 BNSS No. 20183 of 2025 filed by Navi Ahmad and 2 others seeking quashing of the entire proceedings and the charge-sheet dated 08.05.2016 in Case No.3124/2021 (State Vs. Navi Ahmad and others) arising out of Case Crime No.257 of 2015, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Cantt, District-Bareilly, pending before the Judicial Magistrate, II, District-Bareilly. The parties had entered into a compromise deed dated 30.04.2025, verified by the court concerned on 2.7.2025; opposite party no.2 did not wish to proceed with the criminal case and the learned AGA raised no objection, noting virtually no chance of conviction. Holding that the proceedings were essentially an outcome of a matrimonial dispute, that trial would be an exercise in futility, and that continuance despite settlement and compromise between the victim and the wrongdoer would tantamount to abuse of process of law, the Court quashed the proceedings in view of the well settled principles laid down in Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688.