SURENDRA KUMAR PATEL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/34911/2025 · 2025-09-18
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89505 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89505 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34911 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicants learned A.G.A. for the State. 2. The present application has been filed by applicants for quashing the entire proceedings of Criminal Case No.173 of 2022 (State Vs. Surendra Kumar Patel and others), arising out of Case Crime No.650 of 2021, under Sections 498-A, 323, 504, 506, 354, 313, 377 IPC and Seçtion 3/4 of the Dowry Prohibition Act, 1961, Police Station-Colonalganj, District- Prayagraj, presently pending in the Court of the learned Judicial Magistrate, Court No.4, District-Prayagraj and the charge-sheet dated 29.4.2022 filed in Case Crime No.650 of 2021, under Sections 498-A, 323, 504, 506, 354, 313, 377 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station-Colonalganj, District-Prayagraj including the order dated 5.5.2022 passed by learned Additional Civil Judge (Junior Division), Court No.21, District-Prayagraj taking cognizance on the aforesaid charge-sheet and summoning the applicants in the aforesaid case as well as supplementary charge-sheet dated 2.10.2022 filed in Case Crime No.650 of 2021, under Sections 498-A, 323, 504, 506, 354, 406, 427 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station-Colonalganj, District-Prayagraj as well as order dated 22.9.2023 passed by learned Additional Civil Judge (Junior Division), Court No.21, District-Prayagraj taking cognizance on the aforesaid charge-sheet and registering Miscellaneous Criminal Case No.126/XII of 2023, which is presently pending in the Court of learned Judicial Magistrate, Court No.4, District-Prayagraj including the Versus Counsel for Applicant(s) : Siddharth Niranjan Counsel for Opposite Party(s) : G.A. Surendra Kumar Patel And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
proceedings of the said case. 3. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 30.4.2025 and the same has been verified by the court concerned on 1.5.2025, therefore, the present case be finally decided. 4. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 5.
Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a matrimonial dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 6. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 7. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 30.4.2025, no useful purpose would be served in proceeding with the matter further. NA528 No. 34911 of 2025 2
8. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 9. The present application under Section 528 BNSS is, accordingly, allowed.
September 19, 2025 D. Tamang NA528 No. 34911 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad