Bipin Kumar and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Bipin Kumar and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of with directions: both parties to appear in person before the Trial Court within three weeks with the compromise deed and certified copy of the order; the Trial Court to verify the compromise, record the parties' statements on fulfilment of its terms and pass an appropriate order preferably within three months; no coercive action against the applicants till verification of the compromise; liberty to the applicants to approach the High Court again for quashing after verification.

Issue for consideration

Whether the FIR, charge sheet dated 07.10.2021 (C.S. No. 240 of 2021), cognizance order dated 17.11.2022 and the entire proceedings of Criminal Case No. 19177/2022 under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 D.P. Act should be quashed on the basis of the compromise dated 11.03.2025 between the applicants and opposite party No. 2. +1 more

Court's answer

After verification of the compromise, the parties may obtain certified copies of the report and the compromise, and it will be open to the applicants to approach the High Court again for quashing of the proceedings.

Ratio / Principle

Without expressing any opinion on the merits of the case, both parties were directed to appear in person before the Trial Court along with the compromise deed and certified copy of the order within three weeks.

Key takeaways

The Court concerned is expected to fix a date for verification of the compromise, ensure the presence of the parties, record their statements as to whether all terms and conditions of the original compromise deed have been fulfilled, and pass an appropriate order in accordance with law, preferably within three months of production of the certified copy, if there is no other legal impediment.ratio¶15
Till verification of the compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — Application under Section 528 BNSS seeking quashing of FIR (Case Crime No. 0229 of 2021), charge sheet dated 07.10.2021 (C.S. No. 240 of 2021), cognizance order dated 17.11.2022 and entire proceedings of Criminal Case No. 19177/2022 under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 D.P. Act, P.S. Kurara, District Hamirpur — parties settled their matrimonial dispute in proceedings under Section 13B of the Hindu Marriage Act vide compromise dated 11.03.2025 — Court, without expressing any opinion on the merits, directed both parties to appear in person before the Trial Court with the compromise deed and certified copy of the order within three weeks; Trial Court to verify the compromise, record the parties' statements on fulfilment of the compromise terms, and pass an appropriate order preferably within three months — no coercive action against the applicants till verification of the compromise — liberty granted to approach the High Court again for quashing — application disposed of (decision dated April 23, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 49008 of 2025

Bipin Kumar And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Abhishek Tiwari, Praveen Kumar : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Praveen Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed to allow the instant application by quashing the FIR as well as charge sheet dated 07.10.2021, being C.S. No. 240 of 2021/Cognizance Order dated 17.11.2022 and the entire proceedings registered in its pursuance as Criminal Case No. 19177/2022, 'State of U.P. Vs. Vipin Kumar and other', under Sections 498-A, 323, 504, 506 1.P.C. read with Section 3/4 D.P. Act, Police Station-Kurara, District-Hamirpur (arising out of Case Crime No. 0229 of 2021, registered under aforesaid sections, at Police Station-Kurara, DistrictHamirpur), presently pending before the court of learned Civil Judge (J.D.) F.T.C. (Crime against women )Hamirpur, on the basis of compromise.

Learned counsel for the applicants submits that the applicants and the opposite party No. 2 have settled their dispute in a proceeding under Section 13B of the Hindu Marriage Act. Learned counsel for the applicants further submits that the parties have amicably settled their disputes vide compromise dated 11.03.2025. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.

Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application

NA528 No. 49008 of 2025

2

with respect to compromise between the parties, which will be decided in accordance with law.

In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear in person before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

With the aforesaid directions, this application is disposed of .

April 23, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad