Mohd. Saleem Khan and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

Mohd. Saleem Khan and 2 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief — no coercive action against the applicants till the next date of listing (27.11.2025); final decision on quashing deferred pending trial-court verification of the compromise dated 20.09.2025 and its report to this Court.

Issue for consideration

Whether the proceedings of Case No. 8398 of 2025 (arising out of Case Crime No. 0399 of 2025, P.S. Kotwali Shahr, District Bulandshahr), lodged by opposite party no.2 against the applicants amid a matrimonial dispute, may be quashed on the basis of the compromise dated 20.09.2025 reached between applicant no.1 and opposite party no.2 after submission of the charge-sheet.

Court's answer

The Court ordered the original copy of the compromise dated 20.09.2025 to be returned to learned counsel for the applicants for presentation before the trial court concerned for its verification within three weeks, retaining photocopies on record.

Ratio / Principle

Upon appearance of the parties and presentation of the original compromise, the trial court shall proceed to verify the compromise in accordance with law and send a report to this Court within two weeks thereafter.

Key takeaways

In the meantime, the parties shall file certified copy of the compromise as well as the order verifying the compromise by the next date of listing by way of supplementary affidavit.ratio¶¶14
The matter is to be listed on 27.11.2025 in the daily cause list.ratio¶¶15
Interim protection granted: till the next date of listing, no coercive action shall be taken against the applicants.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 79, SL No. 10) — Anish Kumar Gupta, J. — Application U/S 528 BNSS No. 39147 of 2025, Mohd. Saleem Khan & 2 Ors. v. State of U.P. & Anr. (order dated October 8, 2025). Applicants sought quashing of Case No. 8398 of 2025 (State vs. Mohd. Saleem Khan and Others), arising out of Case Crime No. 0399 of 2025 under Sections 85, 115(2), 351(2) B.N.S., Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Marriage) Act, P.S. Kotwali Shahr, District Bulandshahr, contending that the case was lodged by opposite party no.2 on general and vague allegations amid a matrimonial dispute, and that after submission of the charge-sheet the parties settled their disputes amicably through a compromise dated 20.09.2025 (Annexure '3'). The Court did not finally adjudicate the quashing prayer: it directed return of the original compromise to counsel for presentation before the trial court concerned for verification within three weeks (photocopies retained on record); directed the trial court to verify the compromise in accordance with law and report to the Court within two weeks thereafter; required the parties to file certified copies of the compromise and the verification order by supplementary affidavit by the next date of listing; fixed the next date as 27.11.2025 in the daily cause list; and, as interim relief, ordered that till such listing no coercive action shall be taken against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39147 of 2025

Mohd. Saleem Khan And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Mehdi Abbas, Tipu Sultan
Counsel for Opposite Party(s)	:	G.A.

Court No. - 79

(SL No.10)

HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Mehdi Abbas, learned counsel for the applicants and Sri Kamlesh Kumar Tiwari, learned A.G.A. for the State.

3. The instant application under Section 528 BNSS has been filed seeking quashing of the Case No. 8398 of 2025 (State vs. Mohd. Saleem Khan and Others) arising out of Case Crime No. 0399 of 2025 under Sections 85, 115(2), 351(2) B.N.S., Section 3/4 D.P. Act, and Section 3/4 Muslim Women (Protection of Marriage) Act, Police Station- Kotwali Shahr, District- Bulandshahr on the basis of compromise dated 20.09.2025.

4. Learned counsel of the applicants submits that submits that there was a matrimonial dispute between applicant no.1 and opposite party no.2, due to which the instant case was lodged by opposite party no.2 against the applicants herein making out general and vague allegation, however, learned counsel for the applicants submits that after submission of the charge-sheet in the instant case the parties the parties have settled their disputes amicably and a compromise dated 20.09.2025 has been executed between the parties and the original copy of compromise has been annexed as Annexure '3' to the instant application. In view thereof, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case on the basis of the aforesaid compromise dated 20.09.2025.

NA528 No. 39147 of 2025

2

5. Having regard to the facts and circumstances of the case, let original copy of the compromise dated 20.09.2025 be returned back to learned counsel for the applicants for presentation of the same before the trial court concerned for its verification within a period of three weeks from today, while retaining the photocopies thereof on record. Upon such appearance of the parties in the instant case and presentation of the original compromise dated 20.09.2025, the trial court shall proceed to verify the compromise in accordance with law and send a report to this Court within two weeks thereafter. In the meantime, the parties shall also file certified copy of the compromise as well as the order verifying the compromise by the next date of listing by way of supplementary affidavit.

6. List this matter on 27.11.2025 in daily cause list.

7. Till the next date of listing, no coercive action shall be taken against the applicants herein.

(Anish Kumar Gupta,J.)

October 8, 2025 Shubham Arya

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