Syed Khalid Husain Alias Khalid Husain and 8 Others vs… — Dowry and Cruelty | Allahabad HC (2025)

Syed Khalid Husain Alias Khalid Husain and 8 Others vs… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Entire proceedings of Criminal Case No. 1006 of 2024, along with the charge sheet and the cognizance order, quashed.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1006 of 2024, arising out of Case Crime No. 151 of 2023, together with the charge sheet and cognizance order, are liable to be quashed under Section 528 BNSS in view of the settlement/compromise between the parties verified by the court concerned.

Court's answer

This Court adopts the law laid down by the Apex Court in the six cited decisions that where the parties have settled their grievances, the criminal case can be quashed.

Ratio / Principle

On perusal of the records and the Apex Court's law on the subject, the present case is a good case for exercising the Court's powers to quash the proceedings, charge sheet and cognizance order as prayed for by the applicants.

Key takeaways

The entire proceedings, charge sheet as well as cognizance order of Criminal Case No. 1006 of 2024 are quashed; the application under Section 528 BNSS is allowed.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.) allowed an application under Section 528 BNSS seeking quashing of the entire proceedings of Criminal Case No. 1006 of 2024, arising out of Case Crime No. 151 of 2023, Police Station Mughalpura, District Moradabad, under Sections 498A, 323, 504, 427 IPC, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, pending before the Additional Civil Judge (Jr. Div.), Additional Judicial Magistrate, Court No.6, Moradabad. Pursuant to an order of a co-ordinate Bench dated 26.03.2025, the compromise deed was filed and verified by the court concerned on 24.06.2025, which was not disputed by the opposite party. Relying on 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 and Parbatbhai Ahir (2017) 9 SCC 64, the Court held that cases in which parties have settled their grievances can be quashed, found this a fit case, and quashed the entire proceedings, charge sheet and cognizance order. Decided December 1, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46386 of 2025

Syed Khalid Husain Alias Khalid Husain And 8 Others

ers	.....Applicant(s)
	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Saba Khan, Syed Faiz Hasnain
Counsel for Opposite Party(s)	: G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

1.Heard Mr. Syed Faiz Hasnain, learned counsel for the applicants, learned A.G.A for the State and perused the record.

The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 1006 of 2024 (State Vs. Syed Khalid Husain and others), arising out of Case Crime No. 151 of 2023, under Sections 498A, 323, 504, 427, IPC., Section 3/4, D.P. Act, and Section 3/4, Muslim Women (Protection of Rights on Marriage), Act, Police Station Mughalpura, District Moradabad, in so far as it relates to applicant No.1, whereas applicant Nos. 2 to 4, under Sections 498A, 323, 504, 427 IPC., and Section 3/4 D.P. Act, whereas applicant Nos. 5 to 9 under Sections 498A, 323, 504 IPC., and Section 3/4 D.P. Act, pending in the court of Additional Civil Judge (Jr. Div.), Additional Judicial Magistrate, Court No.6., Moradabad.

Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 26.03.2025 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 24.06.2025 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

NA528 No. 46386 of 2025

2

(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (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 1, 2025

NSC

Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad