Mohit Giri and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Mohit Giri and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim directions issued rather than a final decision on the quashing prayer: parties to seek verification of the compromise before the trial court (report due to this Court), matter listed after two months, and no coercive measure shall be taken against the applicants in the aforesaid case till then.

Issue for consideration

Whether the charge sheet dated 06.08.2023, the cognizance order dated 06.01.2024 and the entire proceedings of Case No. 02 of 2024 arising out of Case Crime No.368 of 2023 (Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act) should be quashed in view of the reconciliation and compromise entered into between the parties.

Court's answer

The parties shall appear before the court below with a certified copy of this order on the next date fixed and are permitted to file an application for verification of the original compromise document.

Ratio / Principle

The trial court is expected to fix a date for verification of the compromise and pass an appropriate order with respect to the verification within a period of two months.

Key takeaways

Upon due verification, the court below may pass an appropriate order in that regard and send a report to this Court.ratio¶7
Till the next listing after two months, no coercive measure shall be taken against the applicants in the aforesaid case.ratio¶9

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Dr. Gautam Chowdhary, J.; Order dated 20.6.2025) — Application U/S 528 BNSS No. 20761 of 2025 by Mohit Giri and 2 Others seeking quashing of the charge sheet dated 06.08.2023 and the cognizance order dated 06.01.2024 in Case No. 02 of 2024 (State Versus Mohit Giri and others), arising out of Case Crime No.368 of 2023 under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Nandgram, District Ghaziabad, pending before Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.3, Ghaziabad. Applicants' counsel submitted that the parties had reconciled after issuance of the charge sheet and a compromise had been reduced to writing; counsel for opposite party no. 2 did not dispute the compromise. The Court directed the parties to appear before the court below with a certified copy of the order and file an application for verification of the original compromise document; expected the trial court to verify the compromise and pass an appropriate order within two months and send a report to the High Court; listed the matter after two months; and provided interim that no coercive measure shall be taken against the applicants till then. The quashing prayer itself was left to be determined after the verification report.

Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 20761 of 2025 Applicant :- Mohit Giri And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

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

The present U/S 528 BNSS application has been filed praying for quashing the charge sheet dated 06.08.2023 as well as cognizance order dated 06.01.2024 and the entire proceedings of Case No. 02 of 2024 (State Versus Mohit Giri and others), arising out of Case Crime No.368 of 2023, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Nandgram, District Ghaziabad, pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.3, Ghaziabad.

Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

List after two months.

Till then no coercive measure shall be taken against the applicants in the aforesaid case.

Order Date :- 20.6.2025/Imtiyaz

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad