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

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

What the court decided

AI extract

Outcome

Entire criminal proceedings of Criminal Case No. 29726 of 2016 (arising out of Case Crime No. 250 of 2015), the charge sheet dated 16.03.2016 and the cognizance order dated 14.06.2016 of the Chief Metropolitan Magistrate, Kanpur Nagar are quashed on the basis of the verified compromise dated 16.08.2024.

Issue for consideration

Whether the entire criminal proceedings of Criminal Case No. 29726 of 2016, the charge sheet dated 16.03.2016 and the cognizance order dated 14.06.2016 (arising out of Case Crime No. 250 of 2015 under Sections 498A, 323, 506 IPC, P.S. Railbazar, Kanpur Nagar) could be quashed on the basis of the settlement between the parties evidenced by the compromise dated 16.08.2024 and verified on 20.05.2025.

Court's answer

In view of the records and the settled law laid down by the Apex Court on quashing upon settlement (the six cited precedents), where the parties have amicably settled their grievances and the compromise stands verified (20.05.2025) and undisputed, the present case is a good case for exercising this Court's powers to quash the proceedings, charge sheet and cognizance order as prayed for.

Ratio / Principle

The application under Section 528 BNSS is allowed, and the entire proceedings, charge sheet as well as cognizance order of the aforesaid case (Criminal Case No. 29726 of 2016) are quashed.

Detailed headnote1 paragraphs

Criminal miscellaneous application under Section 528 BNSS by Lakhan and another to quash the entire criminal proceedings of Criminal Case No. 29726 of 2016 (State Vs. Lakhan and others), arising out of Case Crime No. 250 of 2015 under Sections 498A, 323 and 506 IPC, Police Station Railbazar, District Kanpur Nagar, together with the charge sheet dated 16.03.2016 and the cognizance order dated 14.06.2016 passed by the Chief Metropolitan Magistrate, Kanpur Nagar, on the basis of a compromise dated 16.08.2024 evidencing amicable settlement between the parties. Pursuant to an order of a co-ordinate Bench dated 27.02.2025, the compromise was verified by the court concerned on 20.05.2025 and was not disputed by opposite party no.2. Relying on the settled Apex Court law on quashing post-settlement (B.S. Joshi (2003)4 SCC 675; Nikhil Merchant (2008) 9 SCC 677; Manoj Sharma (2008) 16 SCC 1; Gian Singh (2012) 10 SCC 303; Shaifullah 2013 (83) ACC 278; Parbatbhai Ahir (2017) 9 SCC 64), the Court found the matter fit for quashing, allowed the application, and quashed the entire proceedings, charge sheet and cognizance order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44385 of 2025

Lakhan And Another

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Aditya Mishra, Kshitij Ram Dubey
Counsel for Opposite Party(s)	: G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard learned counsel for the applicants, Mohd. Amish, learned A.G.A for the State and perused the records.

The present application under Section 528 BNSS has been filed to quash the entire criminal proceedings of Criminal Case No. 29726 of 2016 (State Vs. Lakhan and others), arising out of Case Crime No. 250 of 2015, under Sections 498A, 323, 506 of I.P.C., Police Station Railbazar, District Kanpur Nagar, charge sheet dated 16.03.2016 as well as cognizance order dated 14.06.2016 passed by and pending in the Court Chief Metropolitan Magistrate, Kanpur Nagar, on the basis of compromise dated 16.08.2024 as the matter has amicably been settled between the parties.

Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 27.02.2025 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned on 20.05.2025 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2.

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :

NA528 No. 44385 of 2025

2

(2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 64 1 has held that the cases in which the parties have settled their grievances can be quashed.

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance order as prayed for by the applicant(s).

The present application is allowed.

The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed.

(Tej Pratap Tiwari,J.)

December 10, 2025 PS

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad