Ketan Kaushal and Another Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Ketan Kaushal and Another Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; charge-sheet dated 17.09.2023, summoning order dated 12.01.2024 and the entire criminal proceeding in case No. 679 of 2024 pending before the C.J.M., Bareilly quashed on the basis of the parties' compromise dated 01.08.2025.

Issue for consideration

Whether the Charge-Sheet dated 17.09.2023, the summoning order dated 12.01.2024 and the entire criminal proceeding in case No. 679 of 2024 pending before the C.J.M., Bareilly should be quashed on the basis of the compromise entered into between the parties.

Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute, and there are no overbearing circumstances for which the applicants ought to be prosecuted even after the parties entered into a settlement.

Ratio / Principle

With the parties having settled, there is practically no chance of recording conviction even if the case under the FIR is put to trial; the trial would be an exercise in futility and it would be in the interest of justice that the criminal proceedings are quashed.

Key takeaways

Continuation of the criminal proceeding despite settlement and compromise between the victim and the wrongdoer would tantamount to abuse of process of law.ratio¶15
In view of the well settled principles of law laid down by the Hon'ble Apex Court in Parbatbhai Aahir, Gian Singh and State of M.P. v. Laxmi Narayan, and given the mutual settlement of 01.08.2025, the proceedings of case No. 679 of 2024 are hereby quashed.ratio¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikram D. Chauhan, J.), decided September 8, 2025: Application U/S 528 BNSS No. - 21820 of 2025 filed by Ketan Kaushal and another for quashing the Charge-Sheet dated 17.09.2023, the summoning order dated 12.01.2024 and the entire criminal proceeding in case No. 679 of 2024 (State Vs Ketan kaushal And Others) pending in the Court of C.J.M., Bareilly, arising out of Case Crime No 110 of 2023 under section 498A, 323 and section 3/4 of DP Act, Police Station Mahila Thana, District Bareilly, was allowed. Grounds: parties had entered into a compromise on 01.08.2025, verified by the court concerned the same day; the Learned AGA raised no objection and conceded virtually no chance of conviction. The proceedings were held to be essentially an outcome of a matrimonial dispute with no overbearing circumstances warranting prosecution after settlement; trial was an exercise in futility and its continuation despite settlement tantamount to abuse of process of law. Quashing ordered in view of the principles 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.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 21820 of 2025

Ketan Kaushal And Another

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Ajay Kumar Srivastava
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 Charge-Sheet dated 17.09.2023, as well as, summoning order dated 12.01.2024 including entire criminal proceeding in case No. 679 of 2024 (State Vs Ketan kaushal And Others) on the basis of compromise done between the parties, pending in the Court of C.J.M., Bareilly, arising out Case Crime No 110 of 2023, under section 498A, 323 and section 3/4 of DP Act, Police Station Mahila Thana, District Bareilly.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 01.08.2025 and the same has been verified by the court concerned on 01.08.2025 , 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.

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

NA528 No. 21820 of 2025

2

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 01.08.2025, 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