Shahrukh Ali @ Sharukh and 2 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Shahrukh Ali @ Sharukh and 2 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire proceedings of Criminal Case No.15116 of 2024 (State Vrs. Shahrukh Ali and others) arising out of case crime no. 12 of 2024, pending before the Additional Chief Judicial Magistrate (J.D), Moradabad, and all consequential proceedings quashed.

Issue for consideration

Whether the entire proceedings of Criminal Case No.15116 of 2024 (State Vrs. Shahrukh Ali and others), arising out of case crime no. 12 of 2024 under sections 323, 498A IPC and 3/4 Dowry Prohibition Act, pending before the Additional Chief Judicial Magistrate (J.D), Moradabad, should be quashed on the ground of the compromise dated 25.04.2025 between the parties.

Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute; with the parties having settled, there are no overbearing circumstances requiring prosecution, there is practically no chance of conviction even if the FIR case goes to trial, the trial would be an exercise in futility, and quashing is in the interest of justice.

Ratio / Principle

Continuation of the criminal proceeding 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; putting the criminal case to an end secures the ends of justice.

Key takeaways

Since the parties do not wish to pursue the case and the matter has been mutually settled in view of the compromise dated 25.04.2025, no useful purpose would be served in proceeding with the matter further.ratio¶16
In view of the well-settled principles 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 are quashed.ratio¶17

Detailed headnote1 paragraphs

Criminal Procedure - Quashing - Application u/s 528 BNSS - Offences under Ss. 323, 498A IPC and 3/4 Dowry Prohibition Act (P.S. Sonakpur, Distt. Moradabad) - Entire proceedings of Criminal Case No.15116 of 2024 pending before ACJM (J.D), Moradabad sought to be quashed on basis of compromise dated 25.04.2025 between applicants and Opposite Party No. 2, verified by the court on 22.08.2025 - AGA did not dispute the settlement and had no objection, conceding virtually no chance of conviction - Held, dispute essentially matrimonial in nature; no overbearing circumstances warranting prosecution after settlement; trial would be an exercise in futility; continuation despite settlement tantamounts to abuse of process of law - Relying on 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, proceedings quashed - Application allowed (Vikram D. Chauhan, J.; September 8, 2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 20511 of 2025

Shahrukh Ali @ Sharukh And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Deepak Singh, G.S. Chauhan
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

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

This application has been filed for quashing the entire proceedings of Criminal Case No.15116 of 2024 (State Vrs. Shahrukh Ali and others) arising out of case crime no. 12 of 2024 under sections 323, 498A of IPC and 3/4 Dowry Prohibition Act, Police Station - Sonakpur, District Moradabad, pending before the learned Additional Chief Judicial Magistrate (J.D), Moradabad, on the ground of compromise dated 25.04.2025 which has been taken place between the applicants and the Opp. Party No. 2 before the some witnesses outside of the court and same was filed before the Trial Court and all consequential proceedings thereon.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 25.04.2025 and the same has been verified by the court concerned on 22.08.2025, 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.

NA528 No. 20511 of 2025

2

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 25.04.2025, 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 .

(Vikram D. Chauhan,J.)

September 8, 2025 S.Prakash

Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad