Mohd. Shadab and 7 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Mohd. Shadab and 7 Others 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.374 of 2021, State of U.P. Vs. Mohd. Shadab and others, arising out of Case Crime No.166 of 2020, together with the charge sheet dated 28.5.2021 and the cognizance order dated 2.11.2021; the present application is allowed.

Issue for consideration

Whether the entire proceedings of Case No.374 of 2021 (State of U.P. v. Mohd. Shadab and others), arising out of Case Crime No.166 of 2020, together with the charge sheet dated 28.5.2021 and the cognizance order dated 2.11.2021, should be quashed in view of the compromise/settlement entered into 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 there are no overbearing circumstances warranting prosecution, there is practically no chance of recording conviction, the trial would be an exercise in futility, and quashing the proceedings would be in the interest of justice.

Ratio / Principle

Continuation of the criminal proceedings despite the settlement and compromise between the victim and the wrongdoer would be unfair, contrary to the interest of justice, and tantamount to abuse of the 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 mutually settled the matter by compromise dated 11.4.2025 and do not wish to pursue the case any further, no useful purpose would be served in proceeding with the matter further.ratio¶17
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 the aforesaid case are quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), Application U/S 528 BNSS No. 26619 of 2025 (Mohd. Shadab and 7 others v. State of U.P. and another), decided 24 September 2025: The entire proceedings of Case No.374 of 2021 (State of U.P. v. Mohd. Shadab and others), arising out of Case Crime No.166 of 2020 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act (Police Station Mahila Thana, District Prayagraj), pending before the Additional Civil Judge (J.D.), Court No.21, Allahabad, along with the charge sheet dated 28.5.2021 and the cognizance order dated 2.11.2021, were quashed. The proceedings were found to be essentially an outcome of a matrimonial dispute; the parties had entered into a compromise on 11.4.2025, verified by the court concerned on 12.9.2025; opposite party no.2 did not wish to proceed and the learned A.G.A. raised no objection. Continued prosecution would have been an exercise in futility and would have amounted to abuse of the process of law despite the settlement between the victim and the wrongdoer. The quashing decision was taken in view of the settled principles laid down 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 application was allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 26619 of 2025

Mohd. Shadab And 7 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Mohd Imdad Siddiqui
Counsel for Opposite Party(s)	:	Mohabbat Bi, G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

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

This application has been filed for quashing the entire proceedings of Case No.374 of 2021, State of U.P. Vs. Mohd. Shadab and others, arising out of Case Crime No.166 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Prayagraj pending in the court of Additional Civil Judge (J.D.), Court No.21, Allahabad as well as charge sheet dated 28.5.2021 and cognizance order dated 2.11.2021.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 11.4.2025 and the same has been verified by the court concerned on 12.9.2025, 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

NA528 No. 26619 of 2025

2

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 11.4.2025, 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 24, 2025

Bhaskar

Digitally signed by :- BHASKAR High Court of Judicature at Allahabad