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

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

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire criminal proceedings in Case Crime No. 164 of 2022 (charge sheet dated 22.11.2022 and cognizance order dated 24.02.2023) under Sections 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, P.S. Mahila Thana, District-Ghaziabad quashed on the basis of the compromise dated 4.8.2025 verified on 6.8.2025.

Issue for consideration

Whether the entire criminal proceedings in Case Crime No. 164 of 2022 (charge sheet dated 22.11.2022 and cognizance order dated 24.02.2023) under Sections 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, P.S. Mahila Thana, District-Ghaziabad should be set aside/quashed on the basis of the compromise between the parties.

Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute; with the parties having entered into a settlement and there being practically no chance of recording conviction, the trial would be an exercise in futility, and quashing the criminal proceedings would be in the interest of justice.

Ratio / Principle

Continuation of the criminal proceeding despite 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 do not want to pursue the case further and the matter has been mutually settled in view of the compromise dated 4.8.2025, no useful purpose would be served in proceeding with the matter further.ratio¶7
In view of the well-settled principles of law 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 Case Crime No. 164 of 2022 are quashed.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.), Order dated 14.8.2025 in Application U/S 528 BNSS No. 23039 of 2025 (Ashish Sharma and another v. State of U.P. and another) — Application allowed; entire criminal proceedings in Case Crime No. 164 of 2022, under Sections 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, P.S. Mahila Thana, District-Ghaziabad (charge sheet dated 22.11.2022; cognizance order dated 24.02.2023) quashed on the basis of compromise dated 4.8.2025, verified by the court concerned on 6.8.2025. The Court held the proceedings were essentially an outcome of a matrimonial dispute; with the settlement in place there was practically no chance of conviction and the trial would be an exercise in futility; continuation despite settlement and compromise between the victim and the wrongdoer would tantamount to abuse of process of law. Reliance placed on the principles laid down 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.

Neutral Citation No. - 2025:AHC:138855

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 23039 of 2025

Applicant :- Ashish Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dwivedi 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 setting aside the entire criminal proceedings in Charge Sheet dated 22.11.2022 and cognizance order dated 24.02.2023 in Case Crime No. 164 of 2022, under Sections 498-A, 323, 506 I.P.C. & 3/4 D.P. Act, P.S. Mahila Thana, District-Ghaziabad on the basis of compromise.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 4.8.2025 and the same has been verified by the court concerned on 6.8.2025, 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 4.8.2025, 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 :- 14.8.2025 VMA

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