Mohd Asif Alias Asif and 4 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Mohd Asif Alias Asif and 4 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The entire proceedings of Criminal Case No.446 of 2024 (State vs. Mohd Asif and others), arising out of case crime no. 0157 of 2024 under sections 498A, 323 and 506 of IPC and 3/4 Dowry Prohibition Act, pending before the Judicial Magistrate, Rampur, are quashed.

Issue for consideration

Whether the entire proceedings of Criminal Case No.446 of 2024 (State vs. Mohd Asif and others), arising out of case crime no. 0157 of 2024 under sections 498A, 323 and 506 of IPC and 3/4 Dowry Prohibition Act, pending before the Judicial Magistrate, Rampur, should be quashed on the ground of the compromise dated 06.05.2025 between the parties. +1 more

Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute; given the parties' settlement there is practically no chance of recording conviction even if the FIR case is put to trial, so the entire exercise of trial would be an exercise in futility, and it would be in the interest of justice that the criminal proceedings be quashed.

Ratio / Principle

Continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer; 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 wish to pursue the case further and the matter has been mutually settled in view of the compromise dated 06.05.2025, no useful purpose would be served in proceeding with the matter further.ratio¶¶16
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 the aforesaid criminal case are hereby quashed.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 76), Vikram D. Chauhan, J. — APPLICATION U/S 528 BNSS No. 24377 of 2025, decided September 25, 2025. The entire proceedings of Criminal Case No.446 of 2024 (State vs. Mohd Asif and others), arising out of case crime no. 0157 of 2024 under sections 498A, 323 and 506 IPC and 3/4 Dowry Prohibition Act (Police Station-Ganj, District Rampur), pending before the Judicial Magistrate, Rampur, were quashed on the strength of a compromise between the parties dated 06.05.2025, verified by the court concerned on 29.07.2025. The Court held that the proceedings were essentially an outcome of a matrimonial dispute; with the settlement there was practically no chance of conviction and continued trial would be an exercise in futility; and continuation despite settlement and compromise between the victim and the wrongdoer would tantamount to abuse of process of law. Reliance placed on 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. Application allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24377 of 2025

Mohd Asif Alias Asif And 4 Others

	Versus .....Applicant(s)
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.446 of 2024 (State vs. Mohd Asif and others) arising out of case crime no. 0157 of 2024 under sections 498A, 323 and 506 of IPC and 3/4 Dowry Prohibition Act, Police Station-Ganj, District Rampur, pending before the learned Judicial Magistrate, Rampur on the ground of compromise dated 06.05.2025.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 06.05.2025 and the same has been verified by the court concerned on 29.07.2025, 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

NA528 No. 24377 of 2025

2

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 06.05.2025, 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 25, 2025 S.Prakash

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