Sudhanshu Gupta and 2 Others vs State of U.P. Thru. Its… — Dowry and Cruelty | Allahabad HC (2026)

Sudhanshu Gupta and 2 Others vs State of U.P. Thru. Its… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Entire proceedings of Criminal Case No.134870 of 2025, arising out of Case Crime No.0130 of 2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Babu Banarasi Das, District Lucknow, pending in the court of ACJM-V, Court No.29, Lucknow, quashed qua the applicant(s).

Issue for consideration

Whether the entire criminal proceedings in Criminal Case No.134870 of 2025, arising out of Case Crime No.0130 of 2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, should be quashed on the basis of the compromise between the parties. +1 more

Court's answer

The application under Section 528 BNSS is allowed and the entire proceedings of Criminal Case No.134870 of 2025, arising out of Case Crime No.0130 of 2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, pending in the court of ACJM-V, Court No.29, Lucknow, are quashed qua the applicant(s).

Ratio / Principle

Where the matter is purely of personal nature and has been mutually settled between the parties by way of compromise, and the parties do not want to pursue the case further, no useful purpose would be served in proceeding with the criminal case further.

Detailed headnote1 paragraphs

Quashing on basis of compromise — inherent power under Section 528 BNSS — Allahabad High Court, Lucknow Bench, allowed application under Section 528 BNSS and quashed the entire proceedings of Criminal Case No.134870 of 2025, arising out of Case Crime No.0130 of 2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Babu Banarasi Das, District Lucknow, pending before ACJM-V, Court No.29, Lucknow, qua the applicants (Sudhanshu Gupta and 2 others). The parties had entered into a compromise in proceedings under Section 13-B Hindu Marriage Act; per paragraph-11(2) thereof they decided to live separately and opposite party no.2 stated she did not wish to prosecute the applicants further and wanted to withdraw the case. Counsel for opposite party no.2 raised no objection, and the learned A.G.A. conceded that the compromise had been effected and duly verified by the trial court. Relying on B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh, Narindra Singh, State of M.P. v. Laxmi Narayan and Parbatbhai Aahir, the Court held that where a dispute of purely personal nature stands mutually settled between the parties, no useful purpose would be served in proceeding with the matter further. (Brij Raj Singh, J.; March 16, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1029 of 2026

Sudhanshu Gupta And 2 Others

.....Applicant(s)

Versus State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Anand Prakash Pandey Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant(s), learned A.G.A. for the Stateopposite party no.1 and Sri Bandan Kumar, learned counsel, who has filed counter affidavit along with power on behalf of opposite party no.2, which is taken on record.

The present application has been filed seeking quashing of the entire proceedings of Criminal Case No.134870 of 2025, arising out of Case Crime No.0130 of 2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Babu Banarasi Das, District Lucknow, pending in the court of ACJM-V, Court No.29, Lucknow.

Learned counsel for the applicants submits that in the proceedings under Section 13-B Hindu Marriage Act, a compromise has been entered into between the parties and the same has been brought on record. In paragraph-11(2) of the compromise, both the parties have decided to live separately and further it is mentioned that opposite party no.2 does not want to prosecute the applicants any further and she wants to withdraw the present case also.

Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings against the applicant(s) in the aforesaid case are quashed on the basis of the compromise.

Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the trial court.

NA528 No. 1029 of 2026

2

Hon'ble Supreme Court while considering the question of quashing the criminal proceedings on the basis of compromise arrived at between the parties has held that the Court can use its inherent power to do real and substantial justice and to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties in the cases of B.S. Joshi and others Vs. State of Haryana and another, (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation, (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab, (2012) 10 SCC 303; Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466; State of M.P. Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another, (2017) 9 SCC 641 .

In view of the aforesaid and the fact that parties do not want to pursue the case any further; the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

Application is accordingly allowed and the entire proceedings of Criminal Case No.134870 of 2025, arising out of Case Crime No.0130 of 2024, under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Babu Banarasi Das, District Lucknow, pending in the court of ACJM-V, Court No.29, Lucknow, are hereby quashed qua the applicant(s).

(Brij Raj Singh,J.)

March 16, 2026

Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench