Mohd. Azad and 5 Others Vs State of U.P. Thru. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Mohd. Azad and 5 Others Vs State of U.P. Thru. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of charge sheet dated 27.11.2024, summoning order dated 20.05.2025 and proceedings of Criminal Case No.41 of 2025 arising out of Case Crime No.0337 of 2024, under Sections 115(2), 352, 351(3), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Kamlapur, District Sitapur, pending before the learned Ist Additional Civil Judge (J.D.)/Judicial Magistrate, Sitapur.

Issue for consideration

Whether the charge sheet dated 27.11.2024, summoning order dated 20.05.2025 and proceedings of Criminal Case No.41 of 2025 (arising out of Case Crime No.0337 of 2024) should be quashed in view of the amicable settlement/compromise between the parties.

Court's answer

Since the dispute between the parties is personal in nature, and considering the ratio laid down by the Supreme Court in B. S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, it is appropriate in the facts and circumstances of the case to quash the criminal proceedings, as continuance of the criminal proceedings would be an exercise in futility.

Ratio / Principle

In view of the settlement outside the Court by way of compromise and the law laid down by the Supreme Court of India, the present application is allowed and the charge sheet dated 27.11.2024, summoning order dated 20.05.2025 along with proceedings of Criminal Case No.41 of 2025 arising out of Case Crime No.0337 of 2024 are quashed.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J. (Neutral Citation 2025:AHC-LKO:39466; Order dated 10.7.2025). Application under Section 482 Cr.P.C./Section 528 BNSS No. 725 of 2025 by Mohd. Azad and 5 others sought quashing of the charge sheet dated 27.11.2024 and summoning order dated 20.05.2025, along with proceedings of Criminal Case No.41 of 2025 arising out of Case Crime No.0337 of 2024 (Sections 115(2), 352, 351(3), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, P.S. Kamlapur, District Sitapur), pending before the Ist Additional Civil Judge (J.D.)/Judicial Magistrate, Sitapur. The parties had settled the dispute, described by the court as personal in nature, amicably outside the Court by a compromise deed (Annexure-4) and agreed to reside together; opposite party No.2 raised no objection. Relying on the ratio in B. S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh (2014) 6 SCC 466, the court held that continuance of the criminal proceedings would be an exercise in futility, allowed the application, and quashed the charge sheet, summoning order and criminal proceedings.

Neutral Citation No. - 2025:AHC-LKO:39466

Court No. - 15

Case :- APPLICATION U/S 528 BNSS No. - 725 of 2025

Applicant :- Mohd. Azad And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another

Counsel for Applicant :- Narendra Gupta,Mohammad Salim Khan,Mohammad Suhail Khan Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Narendra Gupta, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State and Sri Brijesh Kumar, Advocate holding brief of Sri Alok Mishra has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record.

Counter affidavit filed by the learned counsel for opposite party No.2 is taken on record.

2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicants have sought quashing of impugned charge sheet dated 27.11.2024, summoning order dated 20.05.2025 along with proceedings of Criminal Case No.41 of 2025, arising out of Case Crime No.0337 of 2024, under Sections 115(2), 352, 351(3), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Kamlapur, District Sitapur, pending in the Court of learned Ist Additional Civil Judge (J.D.)/Judicial Magistrate, Sitapur.

3. Learned counsel for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. Compromise deed has been placed on record as Annexure-4 to the application. The parties have

confirmed the terms of compromise.The parties have agreed to reside together after resolving their disputes.

4. Opposite party No.2 does not have any objection, if the impugned proceedings are quashed against the applicants.

5. I have considered the submissions of learned counsel for the parties.

6. Considering the fact that the dispute between the parties is personal in nature and ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab : (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another : (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the criminal proceedings would be an exercise in futility.

7. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present application is allowed and charge sheet dated 27.11.2024, summoning order dated 20.05.2025 along with proceedings of Criminal Case No.41 of 2025, arising out of Case Crime No.0337 of 2024, under Sections 115(2), 352, 351(3), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Kamlapur, District Sitapur, pending in the Court of learned Ist Additional Civil Judge (J.D.)/Judicial Magistrate, Sitapur are quashed.

Order Date :- 10.7.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench