Allahabad High Court
KHURSHID AHMED AND 5 OTHERSversusSTATE OF U.P AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The High Court held that the criminal proceedings were quashed as the parties had amicably settled the dispute, and the application under Section 482 CrPC was allowed.
Summary
The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash a criminal revision order that had affirmed a magistrate's summons under Section 406 of the IPC and Section 6 of the Dowry Prohibition Act. Both parties testified that they had settled their matrimonial dispute through mediation, as evidenced by a report dated 22‑02‑2023, and were living together peacefully. Relying on Supreme Court precedents that permit the High Court to intervene when a compromise is reached in cases of dowry harassment, the Court allowed the application. Consequently, all proceedings in the criminal case were quashed. The Court also directed that any party feeling aggrieved may file a recall application, and vacated any interim orders.
Issues considered
- The Court's jurisdiction to quash criminal proceedings under Section 482 CrPC when the parties have reached a settlement through mediation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 6
- Indian Penal Code — s. 406
Subjects
- Section 482 CrPC
- quash of criminal proceedings
- dowry harassment
- Section 406 IPC
- Section 6 Dowry Prohibition Act
- mediation and compromise
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 27950 of 2021
Khurshid Ahmed And 5 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., Shyam Chandra Pandey
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. 10 of 2020,
whereby the revisional court affirmed the order dated 31.10.2019 passed
by Civil Judge (J.D.)/Judicial Magistrate, Kaushambi passed in case No. 92
of 2019, whereby learned Magistrate summoned present applicants under
Section 406, I.P.C. and Section 6 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. 27950 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
Checking your session…