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

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

What the court decided

AI extract

Outcome

Entire proceedings of Criminal Case no. 6392 of 2020 (State Vs Prabhat Kumar and others), arising out of Case Crime no. 18 of 2020 under Sections 498A, 323, 504, 506 IPC, Police Station Kotwali, District Jhansi, including charge sheet no. 156 of 2020 dated 11.6.2020 and cognizance/summoning order dated 27.7.2020, quashed on the basis of the compromise between the parties.

Issue for consideration

Whether the entire proceedings of Criminal Case no. 6392 of 2020 (State Vs Prabhat Kumar and others), arising out of Case Crime no. 18 of 2020 under Sections 498A, 323, 504, 506 IPC, along with charge sheet no. 156 of 2020 dated 11.6.2020 and cognizance/summoning order dated 27.7.2020, should be quashed on the basis of the compromise settled between the parties dated 10.10.2024. +1 more

Court's answer

On perusal of the records and the law laid down by the Apex Court, the present case is a good case for exercising the Court's powers to quash the entire proceedings as prayed for by the applicants.

Ratio / Principle

The present application under Section 528 BNSS is allowed.

Key takeaways

The entire proceeding of Criminal Case no. 6392 of 2020 (State Vs Prabhat Kumar and others) is quashed.ratio¶16
In compliance with this Court's order dated 8.5.2025, the parties entered into a compromise which was verified by the court below in presence of the parties and their counsel (order of C.J.M., Jhansi dated 2.6.2025), and the verification report was not disputed by learned counsel for opposite party no.2.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Tej Pratap Tiwari, J.) allowed an application under Section 528 BNSS and quashed the entire proceedings of Criminal Case no. 6392 of 2020 (State Vs Prabhat Kumar and others), arising out of Case Crime no. 18 of 2020 under Sections 498A, 323, 504, 506 IPC, Police Station Kotwali, District Jhansi, together with charge sheet no. 156 of 2020 dated 11.6.2020 and the cognizance/summoning order dated 27.7.2020 passed by the Chief Judicial Magistrate, Jhansi. The quashing rested on a compromise between the parties dated 10.10.2024, which, pursuant to this Court's earlier order dated 8.5.2025 in Application U/S 528 BNSS No. 16112 of 2024, was filed and verified before the court below (order of C.J.M., Jhansi dated 2.6.2025), a fact not disputed by the opposite party no.2. Relying on B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Shaifullah and Parbatbhai Ahir, the Court held that cases in which the parties have settled their grievances can be quashed, and found the present case fit for exercise of its quashing powers.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46625 of 2025

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

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard Mr. Babul Kumar Sharma, learned counsel for the applicant, and learned A.G.A. for the state of U.P., and perused the record.

The present application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to quash entire proceeding of Criminal Case no. 6392 of 2020 (State Vs Prabhat Kumar and others) pending before the court of learned Chief Judicial Magistrate, Jhansi arising out Case Crime no. 18 of 2020, Under Section 498A, 323, 504, 506 I.P.C. Police Station Kotwali, District Jhansi as well as impugned charge sheet no. 156 of 2020 dated 11.6.2020 and cognizance/summoning order dated 27.7.2020 issued by learned Chief Judicial Magistrate, Jhansi in Criminal Case no. 6392 of 2020 (State Vs Prabhat Kumar and others) on the basis of compromise settled between the parties dated 10.10.2024

At the outset, learned counsel for the applicant contended that prior to the instant case, an application under Section 528 BNSS No. 16112 of 2024 (Prabhat vs. State of U.P. and another) has been preferred by the applicants, whereby this court vide order dated 8.5.2025, has directed the applicant to file original deed of compromise before the court below and to get it verified.

In compliance to the order of this court dated above, parties have entered a compromise and the same has been verified by the court below in presence of the parties and their learned counsel. In this regard, order passed by C.J.M., Jhansi, dated 2.6.2025, has also been annexed at page

NA528 No. 46625 of 2025

2

No. 62 of the instant petition, whereby the learned court below has verified the signature of the parties in presence of their advocates and has signed the report, and has sent the report. 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 : (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 entire proceedings as prayed for by the applicants.

The present application is allowed.

The entire proceeding of the aforesaid case are hereby quashed.

(Tej Pratap Tiwari,J.)

December 2, 2025 Kumar Manish

Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad