Allahabad High Court
KHURSHID AHMED AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court allowed the application under Section 482 Cr.P.C. and quashed the criminal proceedings.
Summary
The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order of the Additional Sessions Judge that had affirmed a magistrate's summons against them under Sections 498‑A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Both parties asserted that they had settled the matrimonial dispute through a compromise mediated at the Court’s Mediation and Conciliation Centre, as evidenced by a report dated 22‑02‑2023, and were now living peacefully as husband and wife. Relying on Supreme Court precedents that allow the High Court to intervene where proceedings are an abuse of process or where a compromise has been effected, the Court permitted the application. Consequently, the entire criminal proceedings were quashed. The order also directed the parties to file a certified copy within four weeks and vacated any interim orders.
Issues considered
- Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings when the parties have reached a settlement through mediation.
- Whether the order of the Additional Sessions Judge constitutes an abuse of the process of law warranting interference.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- Section 482 Cr.P.C.
- quash of criminal proceedings
- mediation and settlement
- dowry prohibition
- marital dispute
- abuse of process
- high court inherent powers
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 27936 of 2021
Khurshid Ahmed And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
1. Heard Sri Ravindra Kumar, learned counsel for the applicants,
Sri Shyam Chandra Pandey, learned counsel for the opposite party no. 2, Sri
Karunakar Singh, learned A.G.A. for the State and perused the material on
record.
2. The present application under Section 482, Cr.P.C. has been filed to
quash the order dated 28.10.2021 passed by Additional Sessions
Judge/F.T.C., Court No. 1, Kaushambi in Criminal Revision No. 62 of 2019,
whereby the revisional court affirmed the order dated 6.9.2019 passed
by Civil Judge (J.D.)/Judicial Magistrate, Kaushambi passed in complaint
case No. 314 of 2018, whereby learned Magistrate summoned present
applicants under Sections 498-A, 323, 504, 506, I.P.C. and Section 3/4 of
Dowry Prohibition Act.
3. Learned counsel for both the parties jointly submit that parties settled
their matrimonial dispute with regard to offence aforesaid on the basis of
compromise before the Mediation and Conciliation Centre of this Court and
detailed report dated 22.2.2023 is on record. The applicant No. 1 and
opposite party No. 2 are living as husband and wife peacefully.
4. In view of the above facts, circumstances and keeping in mind the
position of law laid down by the Supreme Court in Gian Singh v. State of
Punjab & another, (2012) 10 SCC 303, Madhavrao Jiwajirao Scindia v.
Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 and Parbathbhai
Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of
Gujarat & another, (2017) 9 SCC 641, the present application under
Section 482 of Cr.P.C. stands allowed. The entire proceedings relating to
aforesaid case are, hereby, quashed.
A482 No. 27936 of 2021
2
5. This order is being passed by this Court after hearing the contesting
parties. If at all, opposite party no. 2 feels that he has been duped or
betrayed, then in that event, he may file recall application explaining the
reasons for filing the said application.
6. The parties may file the certified copy of this order before the court
concerned within four weeks from today.
7. Interim order, if any, stands vacated.
September 16, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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