Chand and 6 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Chand and 6 Others 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 and the entire criminal proceedings of Criminal Case No.1594 of 2021 (State Versus Chand and others) arising out of Case Crime No.235/2020 quashed.

Issue for consideration

Whether the impugned order dated 19.05.2025 and the entire criminal proceedings of Criminal Case No.1594 of 2021 (State Versus Chand and others), arising out of an essentially matrimonial dispute, may be set aside/quashed on the basis of the compromise dated 21.9.2024 between the parties.

Court's answer

The criminal proceedings were essentially an outcome of a matrimonial dispute; there are no overbearing circumstances for which the applicants ought to be prosecuted after the parties entered into a settlement, and with the parties' stand in terms of their settlement there is practically no chance of recording conviction, the entire exercise of trial being an exercise in futility.

Ratio / Principle

Continuation of the criminal proceeding despite the settlement and compromise between the victim and the wrongdoer would 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

As the parties do not want to pursue the case further and the matter has been mutually settled in view of the compromise dated 21.9.2024, no useful purpose would be served in proceeding with the matter further.ratio¶¶14
In view of the well-settled principles of law laid down by the Apex Court 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, the proceedings of Criminal Case No.1594 of 2021 are quashed.ratio¶¶15
The present application under Section 528 BNSS is allowed.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.), decided 14.7.2025: Application U/S 528 BNSS No. 24440 of 2025 filed by Chand and 6 others against State of U.P. and another allowed; proceedings of Criminal Case No.1594 of 2021 (State Versus Chand and others), arising out of Case Crime No.235/2020 under Sections 498A, 323, 452, 504, 506, 427 I.P.C. & Section 3/4 D.P. Act., Police Station Malpura, District-Agra, pending before Additional Chief Judicial Magistrate, Court No.2, Agra, quashed, the application having been filed for setting aside the impugned order dated 19.05.2025 of that Magistrate on the basis of the compromise dated 21.9.2024 verified by the court concerned on 17.4.2025. The proceedings being essentially an outcome of a matrimonial dispute, with no practical chance of conviction and trial an exercise in futility, continuance would amount to abuse of process of law; relying 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, the criminal case was put to an end to secure the ends of justice.

Neutral Citation No. - 2025:AHC:111905

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 24440 of 2025

Applicant :- Chand And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

Vakalatnama filed by Sri Dhananjay Kumar, Advocate on behalf of opposite party no.2 is taken on record.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

The present application has been filed by applicants for setting aside the impugned order dated 19.05.2025 passed by learned Additional Chief Judicial Magistrate, Court No.2, Agra as well as entire criminal proceeding of Criminal Case No.1594 of 2021 (State Versus Chand and others) arising out of Case Crime No.235/2020, under Sections 498A, 323, 452, 504, 506, 427 I.P.C. & Section 3/4 D.P. Act., Police Station Malpura, District-Agra pending before learned Additional Chief Judicial Magistrate, Court No.2, Agra on the basis of compromise held between the parties.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 21.9.2024 and the same has been verified by the court concerned on 17.4.2025, 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 applicants. He further contended that opposite party no.2 does not want to proceed with the criminal case against the applicants 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 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 21.9.2024, 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 under Section 528 BNSS is, accordingly, allowed .

Order Date :- 14.7.2025 D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad