Aman Sani and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Aman Sani and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants for two months or until verification of the compromise, whichever is earlier; liberty to file a fresh quashing application u/s 528 BNSS once the compromise is verified by the court below.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 103983/2021 and the charge sheet dated 16.06.2021 can be quashed in view of the parties' matrimonial dispute having been settled by an application under Section 13-B Hindu Marriage Act decided on 20.08.2022. +1 more

Court's answer

Application disposed of with a direction to the applicants to file a fresh original deed of compromise before the court below within 15 days.

Ratio / Principle

Court below to verify the compromise after summoning the parties within two months from the date of receiving its copy.

Key takeaways

After verification of the compromise, the court below may dispose of the impugned proceeding in accordance with law.ratio¶10
No coercive action against the applicants for two months or till verification of the compromise, whichever is earlier.ratio¶11
Applicants at liberty to file a fresh application u/s 528 BNSS to quash the impugned proceeding on the basis of the verified compromise.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.) — APPLICATION U/S 528 BNSS No. 5563 of 2025 (Neutral Citation 2025:AHC:45728; Order dt. 02.04.2025). Aman Sani & 2 others sought quashing of the entire proceedings of Criminal Case No. 103983/2021 (arising out of Case Crime No. 1073/2020, Ss. 498-A, 323, 506 IPC and Ss. 3/4 Dowry Prohibition Act, PS Chakeri, Dist. Kanpur Nagar) and the charge sheet dt. 16.06.2021. Counsel for the applicants and opposite party no. 2 jointly submitted that the purely matrimonial dispute had been settled through an application under S. 13-B Hindu Marriage Act decided by the Principal Judge, Family Court, Kanpur Nagar on 20.08.2022; the learned AGA objected that the compromise remained unverified by the court below. Disposing of the application, the Court directed the applicants to file the fresh original deed of compromise before the court below within 15 days, to be verified after summoning the parties within two months, following which the court below may dispose of the impugned proceedings in accordance with law; pending such verification (two months or till verification, whichever earlier) no coercive action was to be taken against the applicants, who were left free to file a fresh application u/s 528 BNSS on the strength of the verified compromise.

Neutral Citation No. - 2025:AHC:45728

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 5563 of 2025

Applicant :- Aman Sani And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Tripathi,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Shri Rajesh Kumar Srivastava, learned counsel for the applicants, Mohd. Shoeb Khan, learned AGA for the State.

The present application has been filed to quash the entire proceedings of Criminal Case No. 103983/2021, arising out of Case Crime No. 1073/2020, under Sections- 498-A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Chakeri, District- Kanpur Nagar and charge sheet dated 16.06.2021.

It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute by application under Section 13-B of Hindu Marriage Act, which has been decided by Principal Judge, Family Court, Kanpur Nagar on 20.08.2022.

Per contra, learned AGA has raised a preliminary objection that compromise is yet to be verified by the court below, therefore, applicants 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 applicants to file fresh 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. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law.

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 applicants.

It is further provided that applicants are 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 Sharad/-

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