Pawan Shah @ Banti and 3 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2026)

Pawan Shah @ Banti and 3 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application not finally decided; interim protection granted - no coercive action against the applicants till the next date of listing. Parties directed to file a fresh compromise application before the learned Trial Court within three weeks, to be verified by the Trial Court within two weeks and reported to the High Court; matter to be listed after eight weeks.

Issue for consideration

Whether the entire proceeding of Case No. 52249 of 2024 (State Vs. Pawan Shah @ Banti and Others), arising out of Case Crime No. 531 of 2023 under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, including chargesheet No.01 of 2024 dated 16.01.2024 and the cognizance and summoning order dated 23.10.2024, is liable to be quashed in terms of the compromise filed before the Family Court, Gorakhpur in the Section 13-B petition.

Court's answer

The parties are directed to approach the learned Trial Court with a fresh compromise application within three weeks; the Trial Court shall verify the same within two weeks thereafter and send its report to this Court.

Ratio / Principle

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants.

Detailed headnote1 paragraphs

Quashing application under Section 528 BNSS (Application U/S 528 BNSS No. - 427 of 2026) by Pawan Shah @ Banti and 3 Others to quash the entire proceeding of Case No. 52249 of 2024 (State Vs. Pawan Shah @ Banti and Others), arising out of Case Crime No. 531 of 2023 under Sections 498A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Gagaha, District Gorakhpur, including chargesheet No.01 of 2024 dated 16.01.2024 and the cognizance and summoning order dated 23.10.2024 passed by the Additional Civil Judge (Senior Division) Court No.4, Gorakhpur, in terms of the compromise filed in Petition No.322 of 2024 (Jyoti Vs. Shah Pawan Kumar Sheshnath @ Pawan Kumar) under Section 13-B Hindu Marriage Act before the Principal Judge, Family Court, Gorakhpur. The Court noted the decree of divorce by mutual consent under Section 13-B, in which paragraph No.6 of page No.68 records the parties' decision to settle the criminal case, and the parties' conjoint request to file a fresh compromise before the trial court. Held: parties directed to approach the learned Trial Court with a fresh compromise application within three weeks; Trial Court to verify the same within two weeks thereafter and send its report to the High Court; matter to be listed after eight weeks; till the next date of listing, no coercive action against the applicants. (Tej Pratap Tiwari, J.; January 12, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 427 of 2026

Pawan Shah @ Banti And 3 Others

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Rajeev Kumar Singh Counsel for Opposite Party(s) : G.A.

Court No. - 79

HON'BLE TEJ PRATAP TIWARI, J.

Heard Mr. Rajeev Kumar Singh, learned counsel for the applicants, Mr. Satyendra Kumar, learned counsel, who has filed his vakalatnama on behalf of opposite party No.2, which is taken on record, learned AGA for the State and perused the record.

This application under Section 528 of the BNSS has been filed for quashing the entire proceeding of Case No. 52249 of 2024 (State Vs. Pawan Shah @ Banti and Others), arising out of Case Crime No. 531 of 2023 under Sections 498A, 323, 504, 506 IPC., and Section 3/4 of D.P. Act, Police Station Gagaha, District Gorakhpur including the chargesheet No.01 of 2024 dated 16.01.2024 as well as cognizance and summoning order dated 23.10.2024 passed by the Additional Civil Judge (Senior Division) Court No.4, Gorakhpur pending in the Court of Civil Judge (Junior Division) Court No.6, Gorakhpur in terms of the compromise filed before the Court of Principal Judge, Family Court, Gorakhpur in Petition No.322 of 2024 (Jyoti Vs. Shah Pawan Kumar Sheshnath @ Pawan Kumar) under Section 13-B Hindu Marriage Act.

At the outset, learned counsel for the applicants took the attention of this Court towards the decree passed under Section 13-B of the Hindu Marriage Act, of divorce on mutual consent. At paragraph No.6 of page No.68 of the said order, it is provided that the parties have decided to settle the instant case. Now, at this stage, learned counsel for the parties have made a conjoint request to file a fresh compromise before the concerned Court where the trial is proceeding.

In the light of the above, the parties are directed to approach the

NA528 No. 427 of 2026

2

learned Trial Court with a fresh compromise application within a period of three weeks from today, who shall verify the same within two weeks thereafter and send its report to this Court.

List after eight weeks .

Till the next date of listing, no coercive action shall be taken against the applicants.

(Tej Pratap Tiwari,J.)

January 12, 2026

NSC

Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad