Shamim and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Shamim and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Instant application allowed; entire proceedings in Case No. 2340 of 2025 (State of U.P. vs. Shamim and Others) arising out of Case Crime No. 247 of 2024 under Sections 498A, 323, 354, 504, 506 I.P.C., Section 3/4 of the D.P. Act and Section 3/4 of the Muslim Women Protection of Rights of Marriage Act, pending before the Additional Civil Judge (Jr. Div.)/J.M., Najibabad, District- Bijnor, quashed.

Issue for consideration

Whether the criminal proceedings in Case No. 2340 of 2025 (State of U.P. vs. Shamim and Others), arising out of Case Crime No. 247 of 2024 and pending before the Additional Civil Judge (Jr. Div.)/J.M., Najibabad, should be quashed in view of the matrimonial dispute between applicant no.1 and opposite party no.2 having been amicably settled and the compromise dated 28.07.2025 duly verified by the trial court.

Court's answer

Since the matrimonial dispute between applicant no.1 and opposite party no.2 was duly settled by the compromise executed on 28.07.2025, which was verified by the trial court as per this Court's direction, nothing further remains in the case and no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants.

Ratio / Principle

In the light of the judgments of the Apex Court 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 instant application under Section 528 BNSS is allowed and the entire proceedings in Case No. 2340 of 2025 arising out of Case Crime No. 247 of 2024 are quashed.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Anish Kumar Gupta, J.), decision dated October 28, 2025: Application under Section 528 BNSS No. 34238 of 2025 by Shamim and 5 others allowed; entire proceedings in Case No. 2340 of 2025 (State of U.P. vs. Shamim and Others), arising out of Case Crime No. 247 of 2024 under Sections 498A, 323, 354, 504, 506 I.P.C., Section 3/4 of the D.P. Act and Section 3/4 of the Muslim Women Protection of Rights of Marriage Act, P.S. Kiratpur, District- Bijnor, pending before Additional Civil Judge (Jr. Div.)/J.M., Najibabad, quashed, along with the charge-sheet no. 223 of 2024 dated 22.06.2024 and the cognizance/summoning order dated 02.05.2025 sought to be annulled. Grounds: the matter originated in matrimonial discord between applicant no.1 and opposite party no.2; the parties settled amicably by compromise dated 28.07.2025; a Coordinate Bench order dated 09.09.2025 sent them to the trial court, which verified the compromise on 24.09.2025; learned AGA did not oppose quashing. Reliance placed on 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; no fruitful purpose in keeping proceedings pending.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34238 of 2025

Shamim And 5 Others

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Nadeem, Rajiv Sisodia
Counsel for Opposite Party(s)	:	G.A.
Court No.- 79

(SL No.168)

HON'BLE ANISH KUMAR GUPTA, J.

1. List revised. None appears on behalf of the applicants to press the instant application. Sri Kamlesh Kumar Tripathi, Learned A.G.A. for the State is present.

2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet no. 223 of 2024 dated 22.06.2024 as well as impugned cognizance/summoning order dated 02.05.2025 passed in Case No. 2340 of 2025 (State of U.P. vs. Shamim and Others) arising out of Case Crime No. 247 of 2024 under Sections 498A, 323, 354, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act and under Section 3/4 of the Muslim Women Protection of Rights of Marriage Act, Police Station- Kiratpur, District- Bijnor, pending in the court of learned Additional Civil Judge (Jr. Div.)/J.M., Najibabad, District- Bijnor.

3. Learned counsel of the applicants submits that the basis of filing of the instant application is that there was a matrimonial discord between applicant no. 1 and the opposite party no.2 due to which the instant F.I.R. was lodged by opposite party no.2 against the applicant herein. However, during the pendency of the said case, the parties have settled their disputes amicably and a compromise dated 28.07.2025 was executed between the parties, a copy whereof as been annexed as Annexure '3' to the instant application.

4. In view of the aforesaid, vide order dated 09.09.2025, a Coordinate Bench

NA528 No. 34238 of 2025

2

of this Court has directed the parties to appear before the trial court for verification of the said compromise. As per the report received from the Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Najibabad, Bijnor dated 24.09.2025, pursuant to the aforesaid order, the parties have appeared before the trial court on 24.09.2025, and in presence of the parties, compromise between the parties was duly verified vide order dated 24.09.2025. The copy of the order dated 24.09.2025 has also been annexed, which is available on record.

5. Having regard to the aforesaid facts, learned AGA, do not oppose the prayer for quashing of the proceedings of the instant case.

6. Having considered the facts and circumstances of the case, since it was a matrimonial dispute between the applicant no.1 and the opposite party no.2, which has been duly settled, and a compromise was executed on 28.07.2025, which has been duly verified by the trial court as per the direction issued by this Court, thus nothing further remains in the instant case as no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants herein.

7. In view of the aforesaid settlement which has been duly verified as per the direction issued by this Court, 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 in Case No. 2340 of 2025 (State of U.P. vs. Shamim and Others) arising out of Case Crime No. 247 of 2024 under Sections 498A, 323, 354, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act and under Section 3/4 of the Muslim Women Protection of Rights of Marriage Act, Police Station- Kiratpur, District- Bijnor, pending in the court of learned Additional Civil Judge (Jr. Div.)/J.M., Najibabad, District- Bijnor, are hereby quashed .

(Anish Kumar Gupta,J.)

October 28, 2025 Shubham Arya

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad