Arshad and 4 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

Arshad and 4 Others vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Entire proceedings of Case No. 5986 of 2025, arising out of Case Crime No. 92 of 2021 under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act and 3/4 of M.W. Act, police station Chilkhana, District Saharanpur, pending in the Court of Judicial Magistrate II, Saharanpur, and the charge sheet dated 1.9.2021, quashed.

Issue for consideration

Whether the entire proceedings of Case No. 5986 of 2025 (arising out of Case Crime No. 92 of 2021 under Sections 498A, 323, 504, 506 IPC, 3/4 D.P. Act and 3/4 M.W. Act, P.S. Chilkhana, District Saharanpur) and the charge sheet dated 1.9.2021 should be quashed, given that the underlying matrimonial dispute has been amicably settled between the parties and the compromise has been verified by the trial court.

Court's answer

Since the criminal case arose out of a matrimonial dispute between applicant no. 1 and opposite party nos. 2 and 3 which has been amicably settled between the parties (compromise dated 19.9.2025 verified by the trial court), no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants; owing to the compromise there are very remote and bleak chances of the conviction of the applicants.

Ratio / Principle

With the settlement of the matrimonial dispute, peace will prevail not only in the families of the parties but in society at large.

Key takeaways

In light of the Apex Court judgments in Gian Singh (2012) 10 SCC 303, Prabatbhai Aahir (2017) 9 SCC 641, Narinder Singh (2014) 6 SCC 466 and B.S. Joshi (2003) 4 SCC 67, the application under Section 528 BNSS is allowed: the entire proceedings of Case No. 5986 of 2025 arising out of Case Crime No. 92 of 2021 (Sections 498A, 323, 504, 506 IPC, 3/4 D.P. Act, 3/4 M.W. Act, P.S. Chilkhana, District Saharanpur) and the charge sheet dated 1.9.2021 are quashed.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Anish Kumar Gupta, J.; decision dated November 4, 2025) allows an Application u/s 528 BNSS No. 32306 of 2025 and quashes the entire proceedings of Case No. 5986 of 2025, arising out of Case Crime No. 92 of 2021 under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act and 3/4 of M.W. Act, police station Chilkhana, District Saharanpur, pending before the Judicial Magistrate II, Saharanpur, along with the charge sheet dated 1.9.2021. The FIR stemmed from matrimonial discord between applicant no. 1 and opposite party no. 3 (husband and wife); the parties settled the dispute by compromises dated 29.7.2025 and 19.9.2025, the latter verified by the trial court in the parties' presence, with the spouses residing together as husband and wife, and neither the opposite party nor the State opposed the quashing prayer. Holding that no fruitful purpose would be served by continuing the proceedings and that chances of conviction were remote and bleak, and relying on Gian Singh v. State of Punjab (2012) 10 SCC 303, Prabatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Narinder Singh v. State of Punjab (2014) 6 SCC 466 and B.S. Joshi v. State of Haryana (2003) 4 SCC 67, the Court quashed the proceedings and the charge sheet.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 32306 of 2025

Arshad And 4 Others

.....Applicant(s)

	Versus
State Of U.P. And 2 Others		.....Opposite Party(s)
Counsel for Applicant(s)	:	Zaid Arshad
Counsel for Opposite Party(s)	:	Zafar Ahmad Khan, G.A.

Court No. - 79

HON'BLE ANISH KUMAR GUPTA, J.

Heard Shri Zaid Arshad, learned counsel for the applicants, Shri Zafar Ahmad Khan, learned counsel for the opposite party no. 3 and Smt. Harshita Rani, learned AGA for the State.

The instant application has been filed seeking quashing of the entire proceedings of Case No. 5986 of 2025 arising out of Case Crime No. 92 of 2021 under section498A, 323, 504, 506 IPC and 3/4 of D.P. Act and 3/4 of M.W. Act police station Chilkhana District Saharanpur pending in the Court of Judicial Magistrate II, Saharanpur as well as the charge sheet dated 1.9.2021.

It is submitted by learned counsel for the applicants that the applicant no. 1 and the opposite party no. 3 are husband and wife respectively. There was matrimonial discord between them due to which the instant FIR has been lodged by the opposite party no. 2, who is the brother of opposite party no. 2, against the applicants herein. However, initially during the pendency of the said case applicant no. 1 and the opposite party no 3 have settled their dispute and a compromise has been executed between them on 29.7.2025, which was placed before the trial court. Certified copy of the same has been annexed as Annexure-3 to the instant application. Vide order dated 28.8.2025, this court had directed the parties to appear before the trial court concerned for verification of the compromise entered between them. In terms of the order of this court the applicants and the opposite parties no .2 and 3 have appeared before the trial court on 19.9.2025 and a fresh compromise dated 19.9.2025 has been placed before the trial court. In the presence of the parties the trial court has verified the compromise dated 19.9.2025 arrived at between them. According to the said compromise the applicant no. 1 and opposite party no. 2 both are residing together as

NA528 No. 32306 of 2025

2

husband and wife. Thus learned counsel for the applicants seeks quashing of the entire proceedings of the instant case.

Learned counsel for the opposite party no. 2 does not dispute the aforesaid facts and admits the compromise entered into between the parties and its verification by the trial court.

Having regard to the facts and circumstances of the case learned for the State also does not oppose the prayer for quashing of the entire proceedings of the instant case.

In view of the facts and circumstances, since it was a matrimonial dispute between the applicant no.1 and the opposite party no.2 and 3, which has been amicably settled between the parties therefore no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein and due to the aforesaid compromise, there are very remote and bleak chances of the conviction of the applicants. Further, with the aforesaid settlement of matrimonial dispute, peace will prevail not only in the families of the parties but in society at large.

Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings of Case No. 5986 of 2025 arising out of Case Crime No. 92 of 2021 under section498A, 323, 504, 506 IPC and 3/4 of D.P. Act and 3/4 of M.W. Act police station Chilkhana District Saharanpur pending in the Court of Judicial Magistrate II, Saharanpur as well as the charge sheet dated 1.9.2021 are hereby quashed.

(Anish Kumar Gupta,J.)

November 4, 2025 o.k.

Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad