Rajeev Kumar and Another Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Rajeev Kumar and Another Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings in Criminal Case No.584 of 2023 (State Vs. Rajeev and others), arising out of Case Crime No.42 of 2022, including the summoning order dated 11.1.2023 passed by Civil Judge (Junior Division)/F.T.C., Court No.2, Bijnor, and the charge sheet dated 20.10.2022.

Issue for consideration

Whether the criminal proceedings in Criminal Case No.584 of 2023, arising out of Case Crime No.42 of 2022 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, together with the summoning order dated 11.1.2023 and the charge sheet dated 20.10.2022, should be quashed in view of the settlement/compromise entered between the parties before the Mediation Centre on 17.7.2025.

Court's answer

The criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute, and there were no such overbearing circumstances for which the applicants ought to be prosecuted even after the parties had entered into a settlement.

Ratio / Principle

With the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction even if the case under the F.I.R. is put to trial; the entire exercise of trial would only be an exercise in futility, and quashing would be in the interest of justice as the disputants have compromised and want to proceed peacefully ahead.

Key takeaways

It would be unfair and contrary to the interest of justice to continue the criminal proceeding despite the settlement and compromise between the victim and the wrongdoer; continuation would tantamount to abuse of the process of law, and to secure the ends of justice it is appropriate that the criminal case is put to an end.ratio¶16
In view of the well-settled principles of law laid down by the Hon'ble Apex Court in Parbatbhai Aahir (2017) 9 SCC 641, Gian Singh (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688, the proceedings of the aforesaid criminal case are quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.), by order dated September 18, 2025, allowed an APPLICATION U/S 528 BNSS No. - 6070 of 2025 filed by Rajeev Kumar and another and quashed the entire proceedings in Criminal Case No.584 of 2023 (State Vs. Rajeev and others), arising out of Case Crime No.42 of 2022 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Bijnor, together with the summoning order dated 11.1.2023 passed by the Civil Judge (Junior Division)/F.T.C., Court No.2, Bijnor, and the charge sheet dated 20.10.2022. The Court held that the criminal proceedings were essentially an outcome of a matrimonial dispute; the parties having compromised before the Mediation Centre through mediation dated 17.7.2025, there was practically no chance of conviction and further trial would be an exercise in futility amounting to abuse of the process of law. Reliance was placed on the well-settled principles in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan (2019) 5 SCC 688; the learned A.G.A. raised no objection.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 6070 of 2025

Rajeev Kumar And Another

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Vikrant Gupta
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application has been filed for quashing the entire proceeding as well as summoning order dated 11.1.2023 passed by Civil Judge (Junior Division)/F.T.C., Court No.2, Bijnor in Criminal Case No.584 of 2023, State Vs. Rajeev and others, arising out of Case Crime No.42 of 2022, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Bijnor as well as the charge sheet dated 20.10.2022.

Learned counsel for the applicants submitted that the compromise has already been entered between the parties before Mediation Centre through mediation on 17.7.2025, therefore, the present case be finally decided.

Learned AGA submits that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings.

Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute; and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the

NA528 No. 6070 of 2025

2

present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed.

It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end.

In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise before the Mediation Centre through mediation dated 17.7.2025, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688 , the proceedings of the aforesaid case is hereby quashed.

The present application is, accordingly, allowed.

(Vikram D. Chauhan,J.)

September 18, 2025 Bhaskar

Digitally signed by :- BHASKAR High Court of Judicature at Allahabad