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

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

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Case No. 175 of 2023 (State Vs. Santosh Kumar and others) arising out of Case Crime No. 0009 of 2021 (Sections 498-A, 506, 323, 406 I.P.C. and 3/4 D.P. Act) and of charge sheet no. 138 of 2022 dated 21.10.2022; application allowed.

Issue for consideration

Whether the entire proceedings of Case No. 175 of 2023 (State Vs. Santosh Kumar and others) arising out of Case Crime No. 0009 of 2021 (Sections 498-A, 506, 323, 406 I.P.C. and 3/4 D.P. Act) and charge sheet no. 138 of 2022 dated 21.10.2022 should be quashed in view of the settlement/compromise reached between the parties.

Court's answer

As the parties mutually settled through the compromise dated 2.5.2025 and stated they do not wish to pursue the case further, no useful purpose would be served in proceeding with the matter further.

Ratio / Principle

The criminal proceedings in the case had essentially been an outcome of a matrimonial dispute; with the parties' stand in terms of their settlement there is practically no chance of recording conviction even if the case arising from the FIR were put to trial, so the trial would be an exercise in futility and quashing the proceedings would be in the interest of justice.

Key takeaways

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 would tantamount to abuse of the process of law; therefore, to secure the ends of justice, it is appropriate that the criminal case is put to an end.ratio¶13
In view of the well settled principles of law laid down by the Apex Court in Parbatbhai Aahir v. State of Gujarat, Gian Singh v. State of Punjab and State of M.P. v. Laxmi Narayan, the proceedings of Case No. 175 of 2023 are hereby quashed.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.; Order Date 19.8.2025; Neutral Citation 2025:AHC:141016): Application u/s 528 BNSS No. 23802 of 2025 filed by Santosh Kumar seeking quashing of the entire proceedings of Case No. 175 of 2023 (State Vs. Santosh Kumar and others) arising out of Case Crime No. 0009 of 2021, under Sections 498-A, 506, 323, 406 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Prayagraj, pending before Additional Civil Judge (J.D.) F.T.C., Court No.21, District Prayagraj, and of charge sheet no. 138 of 2022 dated 21.10.2022. Parties had entered into a compromise on 2.5.2025, verified by the court concerned on 22.5.2025; counsel for opposite party no. 2 (Ms. Pratibha Ojha) did not dispute the facts and confirmed she does not wish to proceed, and the learned A.G.A. acknowledged the court-verified settlement, raised no objection and noted there is virtually no chance of conviction. Holding that the criminal proceedings were essentially an outcome of a matrimonial dispute, that trial after settlement would be an exercise in futility and that continuation despite settlement would amount to abuse of process contrary to the ends of justice, and relying on the principles laid down by the 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 Court quashed the proceedings of the aforesaid case and allowed the application.

Neutral Citation No. - 2025:AHC:141016

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 23802 of 2025

Applicant :- Santosh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Paswan,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Vakalatnama filed by Ms. Pratibha Ojha, Advocate on behalf of opposite party no. 2 is taken on record.

1-A. Heard learned counsel for the applicant, Ms. Pratibha Ojha, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

The present application has been filed by the applicant for quashing the entire proceeding of Case No. 175 of 2023 (State Vs. Santosh Kumar and others) arising out of Case Crime No. 0009 of 2021, under Sections 498-A, 506, 323, 406 I.P.C. and 3/4 D.P. Act, at Police Station Mahila Thana, District Prayagraj, pending before the court of Additional Civil Judge (J.D.) F.T.C., Court No.21, District Prayagraj as well as to quash the charge sheet no. 138 of 2022 dated 21.10.2022.

Learned counsel for the applicant submitted that the compromise has already been entered between the parties on 2.5.2025 and the same has been verified by the court concerned on 22.5.2025, therefore, the present case be finally decided.

Learned counsel for opposite party no.2 has not disputed the facts as stated by learned counsel for the applicant. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicant and the same may be quashed.

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 applicant 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 2.5.2025, 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 :- 19.8.2025 VMA

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