Prashanter Dhama and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Prashanter Dhama and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others), including the summoning order dated 27.06.2023 and charge sheet dated 20.10.2022, arising out of Case Crime No.244 of 2022, Police Station Mahua Kheda, District Aligarh, pending before the Chief Judicial Magistrate, Aligarh.

Issue for consideration

Whether the entire proceedings of Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others), including the summoning order dated 27.06.2023 and charge sheet dated 20.10.2022, arising out of Case Crime No.244 of 2022 under Sections 498-A, 323, 504, 506, 354-Ka IPC and Sections 3/4 D.P. Act, pending before the Chief Judicial Magistrate, Aligarh, should be quashed in view of the amicable settlement between the parties.

Court's answer

The parties settled their dispute amicably out of their own free will and filed a compromise application dated 28.05.2025 before the trial court, which was verified by the trial court vide order dated 18.02.2026, and its report has been placed on record of this Court.

Ratio / Principle

In view of the amicable settlement and considering the dictum of the Apex Court in B.S. Joshi, Gian Singh, Shambhu Kewat, Deepak, Manish, J. Ramesh Kamath, Rajveer Singh and Parbatbhai Ahir, the entire proceedings of Criminal Case No.33361 of 2023, the summoning order dated 27.06.2023 and the charge sheet dated 20.10.2022, arising out of Case Crime No.244 of 2022, are quashed.

Key takeaways

The application under Section 482 Cr.P.C. is allowed.ratio¶¶23

Detailed headnote1 paragraphs

Criminal quashing — Section 482 Cr.P.C. — matrimonial dispute — offence under Sections 498-A, 323, 504, 506, 354-Ka IPC and Sections 3/4 Dowry Prohibition Act (Case Crime No.244 of 2022, P.S. Mahua Kheda, District Aligarh; Criminal Case No.33361 of 2023, CJM, Aligarh) — parties settled dispute amicably and filed compromise application dated 28.05.2025, verified by trial court vide order dated 18.02.2026 and reported to the High Court — opposite party no.2 did not wish to proceed — relying on the dictum in B.S. Joshi, Gian Singh, Shambhu Kewat, Deepak, Manish, J. Ramesh Kamath, Rajveer Singh and Parbatbhai Ahir, the Allahabad High Court quashed the summoning order dated 27.06.2023, the charge sheet dated 20.10.2022 and the entire criminal proceedings; application allowed (Praveen Kumar Giri, J., March 18, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 39624 of 2023

Prashanter Dhama And 4 Others

.....Applicant(s)

V	ersus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Deepak Rana : Ashish Kumar Singh, G.A.
Court No.- 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard Sri Deepak Rana, learned counsel for the applicants and Sri Maan Singh, learned counsel holding brief of Sri Ashish Kumar Singh, learned counsel for O.P. No.2.

Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.

The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the entire proceedings of Criminal Case as well as summoning order dated 27.06.2023 including charge sheet dated 20.10.2022 in Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others) arising out of Case Crime no.244 of 2022, under section 498-A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act, Police Station Mahua Kheda, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others) arising out of Case Crime no.244 of 2022, under section 498-A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act, Police Station Mahua Kheda, District Aligarh, pending in the Court of Chief Judicial Magistrate, Aligarh and/or pass such other and

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further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise application dated 28.05.2025 before the concerned trial court. Thereafter, this Court, vide order 12.02.2026, has directed the parties to appear before the concerned trial court for verification of the compromise application with a direction to the trial court to verify the compromise application in presence of both the parties and submit a report to this Court.

Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise application before the trial court, which has been verified by the trial Court, vide order dated 18.02.2026 and its report has also been sent to this court, which is kept on record.

In the present case, the sections involved are Section 498-A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act.

Learned counsel for the opposite party no.2 has submitted that the O.P. No.2 does not want to proceed with the impugned criminal proceedings.

Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , entire proceedings of Criminal Case as well as summoning order dated 27.06.2023 including charge sheet dated 20.10.2022 in Criminal Case No.33361 of 2023 (State of U.P. vs. Prashanter Dhama and others) arising out of Case Crime no.244 of 2022, under section 498A, 323, 504, 506, 354-Ka of IPC and Section 3/4 D.P. Act, Police Station Mahua Kheda, District Aligarh, pending in the Court of Chief

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Judicial Magistrate, Aligarh, are hereby quashed.

Accordingly, the instant application is allowed.

March 18, 2026 SFH

(Praveen Kumar Giri,J.)

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad