Dismissed¶16

Praveen Kumar Sharma and 3 Others v. State of U.P. and Another

Allahabad HC9 Oct 2025NA528/36234/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Anish Kumar Gupta J.; Application U/S 528 BNSS No. 36234 of 2025; quashing application dismissed as withdrawn; fresh petition on same cause of action not entertainable where earlier Section 482 application pending; out-of-court compromise after mediation centre referral; liberty to file compromise in pending Section 482 No. 30048 of 2023; charge sheet dated 09.02.2023; cognizance/summoning order dated 18.05.2023; Case No. 13691 of 2023; Case Crime No. 185 of 2022; Sections 498-A and 323 IPC; 3/4 Dowry Prohibition Act; P.S. Mahila Thana, Gautam Buddh Nagar; Civil Judge (J.D.)/F.T.C.-2; decided October 10, 2025.

What did the court decide?

Application dismissed as withdrawn, with liberty to the applicants to file the compromise in the pending Application under Section 482 No. 30048 of 2023 ¶16

Praveen Kumar Sharma and 3 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as withdrawn, with liberty to the applicants to file the compromise in the pending Application under Section 482 No. 30048 of 2023

¶16

Issue for consideration

Whether a fresh application under Section 528 BNSS seeking quashing of proceedings on the basis of an out-of-court compromise can be entertained when an earlier application for the same cause of action (Application under Section 482 No. 30048 of 2023) is already pending.

¶11

Court's answer

Since for the same cause of action an earlier application is already pending, a fresh petition cannot be entertained by this Court merely because the parties have settled their disputes.

¶11

Ratio / Principle

Learned counsel for the applicants sought to withdraw the instant application with liberty to file the compromise in the pending Application under Section 482 No. 30048 of 2023, and the Court accordingly dismissed the instant application as withdrawn with liberty as prayed.

¶16

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Anish Kumar Gupta, J.) — Application U/S 528 BNSS No. 36234 of 2025, Praveen Kumar Sharma and 3 others v. State of U.P. and another (decided October 10, 2025): Applicants sought quashing of the charge sheet dated 09.02.2023 and the cognizance/summoning order dated 18.05.2023 and the entire proceedings of Case No. 13691 of 2023 arising out of Case Crime No. 185 of 2022 under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act (P.S. Mahila Thana, District Gautam Buddh Nagar), pending before Civil Judge (J.D.)/F.T.C.-2. The Court held that since for the same cause of action an earlier Application under Section 482 No. 30048 of 2023 was already pending (having been referred to the mediation centre), a fresh petition could not be entertained merely because the parties had settled their disputes out of court; the application was accordingly dismissed as withdrawn with liberty to file the compromise in the pending Section 482 application.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 36234 of 2025

¶3

Praveen Kumar Sharma And 3 Others

¶4

	Versus	.....	Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Rajendra Pandey	Kumar Pandey,	Smt. Kirti
Counsel for Opposite Party(s)	: G.A.

¶5

Court No. - 79

¶6

(Sl.No.24)

¶7

HON'BLE ANISH KUMAR GUPTA, J.

¶8

Heard Sri Rajendra Kumar Pandey, learned counsel for the applicants and Sri Kamlesh Kumar Tripathi, learned AGA for the State.

¶9

The instant application has been filed seeking quashing of the charge sheet dated 09.02.2023 as well as the cognizance/summoning order dated 18.05.2023 and the entire proceeding of Case No. 13691 of 2023 (State vs. Praveen Kuamr Sharma and others), arising out of Case Crime No. 185 of 2022, under Sections 185 of 2022 under Sections 498-A, 323 IPC and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Gautam Buddh Nagar, pending in the court of Civil Judge (J.D.)/F.T.C.-2, Gautam Budh Nagar.

¶10

Larned counsel for the applicants submits that earlier the applicants had filed an Application under Section 482 No. 30048 of 2023, which is still pending, wherein the matter was referred to the mediation centre. Subsequent thereto the parties have arrived at a compromise out of Court, therefore, the instant application has been filed by the applicants seeking quashing of the entire proceeding on the basis of compromise arrived at between the parties.

¶11

Looking at the facts and circumstances of the case that for the same cause of action earlier application is already pending and merely because the parties have settled their disputes, the fresh petition cannot be

¶12

NA528 No. 36234 of 2025

¶13

¶14

entertained by this Court.

¶15

In view of the aforesaid, learned counsel for the applicants seeks to withdraw the instant application with liberty to the applicants to file the compromise in the pending Application under Section 482 No. 30048 of 2023.

¶16

With the aforesaid observation, the instant application is dismissed as withdrawn with liberty as prayed.

¶17

(Anish Kumar Gupta,J.)

¶18

October 10, 2025

¶19

Ashish Pd.

¶20

Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad

Praveen Kumar Sharma and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Praveen Kumar Sharma and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases