Ameer Azam and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Ameer Azam and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order only: quashing application not finally decided. Further proceedings in Case No.5732 of 2006 stayed till the next date of listing; applicants and opposite party no.2 directed to appear before the court concerned on 16.9.2025 to submit the compromise for verification, with a report to this Court within 15 days thereafter; matter to be listed on 16.10.2025 in top ten cases. Prayer to direct release of attached goods not addressed.

Issue for consideration

Whether the summoning order dated 17.10.2002, charge sheet No.81 of 2002 dated 23.09.2002 and entire proceedings of Case No.5732 of 2006 arising out of Case Crime No.2 of 2002 should be quashed on the basis of a compromise between the parties. +1 more

Court's answer

The applicants and opposite party no.2 are directed to appear before the court concerned on 16.9.2025 and shall submit the compromise, which shall be verified by the court concerned.

Ratio / Principle

A report in regard to the verified compromise shall be submitted before this Court within 15 days thereafter.

Key takeaways

Till the next date of listing, further proceedings in the aforesaid case shall remain stayed.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikram D. Chauhan, J.), Application U/S 528 BNSS No. 33257 of 2025, Ameer Azam & 4 others v. State of U.P. & another, decided 03-09-2025: Interim order on an application under Section 528 BNSS seeking quashing of the summoning order dated 17.10.2002 and charge sheet No.81 of 2002 dated 23.09.2002, under Sections 498A, 323, 504, 506, 452, 364, 511 I.P.C. and Section 3/4 Dowry Prohibition Act (P.S. Dilari, District Moradabad; Case Crime No.2 of 2002), and of the entire proceedings of Case No.5732 of 2006 pending before the Additional Chief Judicial Magistrate (Court No.1), Moradabad, on the basis of a compromise between the parties. Applicants' counsel stated the parties had entered into a compromise; learned AGA suggested verification before the court concerned. The Court directed the applicants and opposite party no.2 to appear before the court concerned on 16.9.2025 and submit the compromise for verification, with a report to the High Court within 15 days thereafter; further proceedings were stayed till the next listing on 16.10.2025 (top ten cases). The prayer to direct release of attached goods remains undetermined. No precedent cited or discussed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33257 of 2025

Ameer Azam And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s) Counsel for Applicant(s) : Mohammad Farooque Ansari Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicants, Sri V.P. Rai, learned counsel for opposite party no. 2 and learned AGA for the State.

The present application has been filed by applicants for quashing the summoning order dated 17.10.2002 and charge sheet No.81 of 2002 dated 23.09.2002, under Sections 498A, 323, 504, 506, 452, 364, 511 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Dilari, District Moradabad and entire proceedings of Case No.5732 of 2006 (State Versus Ameer Azam & others) pending in the Court of Additional Chief Judicial Magistrate (Court No.1) Moradabad arising out of Case Crime No.2 of 2002, under Sections 498A, 323, 504, 506, 452, 364, 511 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Dilari, District Moradabad on the basis of compromise to secure ends of justice and to check abuse of process of Court and Trial Court further be directed to release attached goods.

Learned counsel for the applicants submits that the parties have entered into a compromise.

Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned.

In the interest of justice, the applicants and the opposite party no.2 are directed to appear before the court concerned on 16.9.2025 and shall submit the compromise, which shall be verified by the court concerned

NA528 No. 33257 of 2025

2

and a report in this regard shall be submitted before this Court within 15 days thereafter.

List on 16.10.2025 in top ten cases.

Till the next date of listing, further proceedings in the aforesaid case shall remain stayed.

(Vikram D. Chauhan,J.)

September 3, 2025

D. Tamang

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