Sahil and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Sahil and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of: trial court directed to verify the written compromise dated 14.08.2025 after summoning the parties within two months; parties to be permitted to obtain certified copy after verification and the impugned proceedings then to be disposed of in accordance with law; no coercive action against applicants for two months or till verification; liberty to file fresh s.528 B.N.S.S. application on the basis of the verified compromise.

Issue for consideration

Whether the entire proceedings of Criminal Case No.18478 of 2022 (arising out of chargesheet under Sections 498A, 323, 504, 506 IPC, Section 3/4 Muslim Women (Protection of Rights of Marriage) and Section 3/4 D.P. Act) ought to be quashed on the ground that the dispute between the parties is purely matrimonial and stands settled amicably by written compromise dated 14.08.2025. +1 more

Court's answer

The applicants are granted liberty to file a fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceedings on the basis of the verified compromise.

Ratio / Principle

The application u/s 528 BNSS is disposed of with a direction to the court below to verify the written compromise dated 14.08.2025 after summoning the parties, within two months from receipt of a copy of the order.

Key takeaways

After verification of the compromise, the court below shall permit the parties to obtain a certified copy thereof and shall dispose of the impugned proceedings in accordance with law.ratio¶15
As an interim measure, no coercive action shall be taken against the applicants for a period of two months or till verification of the compromise, whichever occurs.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.) disposed of Application U/S 528 BNSS No. 34759 of 2025 filed by Sahil and 2 Others seeking quashing of the entire proceedings of Criminal Case No.18478 of 2022 (State Vs. Sahil and others), founded on a cognizance and summoning order dated 12.09.2022 of the Special Chief Judicial Magistrate, Meerut, on a chargesheet dated 22.06.2022 in Case No.65 of 2022 under Sections 498A, 323, 504, 506 IPC, Section 3/4 Muslim Women (Protection of Rights of Marriage) and Section 3/4 D.P. Act, PS Lisari Gate, District Meerut. Applicant no.1 is the husband of opposite party no.2 and applicants 2 and 3 are his family members; counsel contended the purely matrimonial dispute had been amicably settled by written compromise dated 14.08.2025, already filed before the court below. The State opposed, pointing out the compromise was yet to be verified. The Court disposed of the application, directing the court below to verify the compromise after summoning the parties within two months of receiving a copy of the order, to permit the parties to obtain a certified copy after verification, and thereafter to dispose of the impugned proceedings in accordance with law; meanwhile no coercive action was to be taken against the applicants for two months or until verification; liberty was reserved to file a fresh application u/s 528 B.N.S.S. on the strength of the verified compromise. No precedent was cited or relied upon; the proceedings were not finally quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34759 of 2025

Sahil And 2 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Ajay Kumar Mishra
Counsel for Opposite Party(s)		: G.A.

Court No. - 68

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Ajay Kumar Mishra, learned counsel for the applicants and Sri Umesh Kumar, Brief Holder for the State.

The present application has been filed to quash the entire proceedings of Criminal Case No.18478 of 2022 (State Vs. Sahil and others) arising out from the impugned cognizance and summoning order dated 12.09.2022 passed by the learned court of Special Chief Judicial Magistrate, meerut over the chargesheet dated 22.06.2022 submitted by the I.O. in Case No.65 of 2022, under Sections-498A, 323, 504, 506 IPC and Section 3/4 Muslim Women (Protection of Rights of Marriage) and Section 3/4 D.P. Act, Police Station-Lisari Gate, District-Meerut.

Contention of learned counsel for the applicants is that applicant no.1 is the husband of opposite party no.2 and applicant nos.2 and 3 are family members of applicant no.1 and the dispute between the parties is purely matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 14.08.2025 has also been entered into. Copy of the same has been annexed as Annexure No. 4 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed.

Per contra , learned brief holder has vehemently opposed the

NA528 No. 34759 of 2025

2

prayer on the ground that the aforesaid compromise is yet to be verified by the court below.

Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same.

After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.

For a period of two months or till verification of compromise, no coercive action shall be taken against the applicants.

It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise.

(Arun Kumar Singh Deshwal,J.)

September 11, 2025 S.C.

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