Pradeep Dubey Alias Pradeep Kumar Dubey Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2025)

Pradeep Dubey Alias Pradeep Kumar Dubey Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

On disposal: (i) applicant to file original deed of compromise before the court below within 15 days; (ii) court below to verify the compromise after summoning the parties within two months of receiving its copy; (iii) no coercive action against the applicant for two months or till verification of the compromise, whichever is earlier; (iv) liberty to file a fresh quashing application u/s 528 BNSS on the basis of the verified compromise.

Issue for consideration

Whether the charge-sheet dated 06.02.2018, cognizance order dated 11.04.2018 and entire proceedings of Case Crime No.028 of 2017 (Sections 498-A, 506 IPC; Section 3/4 Dowry Prohibition Act) should be quashed in view of the parties' amicable settlement and written compromise. +1 more

Court's answer

Application disposed of with direction to the applicant to file the original deed of compromise before the court below within 15 days; once filed, the court below is to verify the compromise after summoning the parties within two months of receiving its copy. The court did not itself decide quashing.

Ratio / Principle

Interim protection: for two months, or till verification of the compromise (whichever is earlier), no coercive action shall be taken against the applicant.

Key takeaways

Applicant is at liberty to file a fresh application u/s 528 BNSS to quash the impugned proceedings on the basis of the verified compromise.ratio¶7

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Arun Kumar Singh Deshwal, J.; Neutral Citation 2025:AHC:46430; Order dated 2.4.2025) - Application u/s 528 BNSS No.5503 of 2025 by Pradeep Dubey alias Pradeep Kumar Dubey seeking quashing of charge-sheet dated 06.02.2018, cognizance order dated 11.04.2018 and entire proceedings of Case No.1297 of 2024 (Case Crime No.028 of 2017; Sections 498-A, 506 IPC; Section 3/4 Dowry Prohibition Act; P.S. Kotwali, District Mainpuri) was DISPOSED OF, not decided, since the claimed amicable matrimonial settlement/written compromise was unverified. Directions: (i) file original deed of compromise before the trial court within 15 days; (ii) court below to verify it after summoning the parties within two months of receipt; (iii) no coercive action for two months or till verification, whichever is earlier; (iv) liberty reserved to file a fresh quashing application on the basis of the verified compromise. Bench: single judge; counsel: Anurag Dubey for applicant; Harshita Rani, AGA and G.A. for State.

Neutral Citation No. - 2025:AHC:46430

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 5503 of 2025

Applicant :- Pradeep Dubey Alias Pradeep Kumar Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Mr. Anurag Dubey, learned counsel for the applicant and Ms. Harshita Rani, learned AGA for the State.

The present application has been filed to quash the charge sheet dated 06.02.2018 and cognizance order dated 11.04.2018 as well as entire proceedings of Case No.1297of 2024, arising out of Case Crime No.028 of 2017, under Sections 498-A, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Mainpuri, pending in the court of learned Judicial Magistrate, Court No.1, Mainpuri.

It is submitted by learned counsel for the applicant that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise has also been entered into between them.

Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicant may be directed to file aforesaid compromise before the court below for verification.

Considering the aforesaid submission, present application is disposed of with a direction to the applicant to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.

It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant.

It is further provided that applicant is at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.

Order Date :- 2.4.2025 Atul

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad