Allahabad High Court

SURENDRA KUMAR AND 4 OTHERSversusState of UP AND ANOTHER

Decided: 11 May 2026
Bench: DEEPAK VERMA

Holding

The High Court quashed the criminal complaint proceedings, holding that the settlement and withdrawal of claims justify dismissal under CrPC Section 482.

Summary

The applicants filed a CrPC Section 482 application seeking to quash the summons and criminal proceedings (Complaint No. 1999 of 2023) filed by Jyoti Devi under IPC sections 498‑A, 323, 504, 376 and the Dowry Prohibition Act. The matter had been referred to the Court’s Mediation and Conciliation Centre, where the parties reached a settlement on 3 September 2024, including a divorce petition under the Hindu Marriage Act and an agreement to withdraw all civil and criminal cases against each other. Relying on the settlement and Supreme Court precedents that allow quashing of criminal proceedings when parties have amicably resolved the dispute, the High Court held that the criminal complaints should be dismissed. Consequently, the court quashed the entire proceedings and allowed the application. The order was pronounced by Justice Deepak Verma on 12 May 2026.

Issues considered

Whether criminal proceedings under IPC 498‑A, 323, 504, 376 and the Dowry Prohibition Act can be quashed under CrPC Section 482 in view of a settlement between the parties.
Whether a settlement and withdrawal of civil claims extinguishes the criminal liability in matrimonial disputes.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Dowry Prohibition Act — s. 3, 4
Hindu Marriage Act — s. 13-B
Indian Penal Code — s. 323, 376, 498-A, 504

Subjects

CrPC 482
quash of criminal proceedings
settlement agreement
mediation
domestic violence
IPC 498-A
IPC 376
Dowry Prohibition Act
family law
divorce

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 4330 of 2024

Surendra Kumar And 4 Others
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Sharad Saran Srivastava
Counsel for Opposite Party(s) : Akansha Verma, Deepak Kumar
Verma, G.A.

Court No. - 74
HON'BLE DEEPAK VERMA, J.

1. Case called out in revised list. No one appeared to press this application.
Counsel for the opposite party no. 2 is present.

2. The present 482 Cr.P.C. application has been filed to quash the
summoning order dated 25.08.2023 as well as entire proceedings of
complaint case no. 1999 of 2023 (Jyoti Devi Vs. Surendra Kumar and
others), under sections 498-A, 323, 504 I.P.C. and 4 D.P. Act, against the
applicant no. 1 to 3 and under sections 498-A, 323, 504, 376 I.P.C. and 3/4
D.P. Act against the applicant no. 4 and 5, police station Manjhanpur,
District Kaushambi, pending in the court of Chief Judicial Magistrate,
Kaushambi.

3. On perusal of record, it appears that the Co-ordinate Bench of this Court
vide order dated 04.03.2024, had referred the matter to Mediation and
Conciliation Centre of this Court. As per Mediation report, a
settlement/agreement had arrived on 03.09.2024 between the parties. A copy
of the same is on record. Perusal of the settlement/agreement thus reached
reveals that the parties have amicably settled their dispute and further agreed
to withdraw the cases between them. Both the parties are living separately.
The said fact has been mentioned in para 7 of the settlement/agreement dated
03.09.2024. Paragraph 7 of the said report reads as under:

"7. In view of the Interim Settlement Agreement dated 13.08.2024, the following settlement has been

arrived at between the Parties hereto:-
A482 No. 4330 of 2024
2

a) That both the parties have agreed to live separately and mutually settled to dissolve their relationship

as husband and wife and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act

before Principal Judge, Family Court, Kaushambi and the same is registered as Marriage Divorce

Petition No. 457 of 2024 (Jyoti Devi and Surendra Kumar). The certified copy of the aforesaid divorce

petition is annexed to this settlement agreement for kind perusal of the Hon'ble Court.

b) That it has been agreed between the parties that Surendra Kumar (applicant no.1-husband) shall pay

an amount of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) to Jyoti Devi (O.P. No.2-wife) towards

permanent alimony including Stridhan and all her other financial claims. The aforesaid amount shall be

paid by way of demand drafts.

c) That on 13.08.2024, the applicant no.1-husband has produced a demand draft bearing No.460432

dated 13.08.2024 for Rs.75,000/- (Rupees Seventy Five Thousand only) drawn on Bank of Baroda in

favour of Jyoti Devi (O.P. No.2-wife) which was kept in the concerned file and the same has been handed

over today i.e. 03.09.2024 to the O.P. No.2-Wife and she has acknowledged the receipt of the same.

d) That it has been agreed between the parties that the remaining amount i.e. Rs.75,000/- (Rupees Seventy

Five Thousand only) shall be paid by the applicant no. 1- husband to the O.P. No.2-Wife at the time of

second motion/final judgment in Marriage Divorce Petition No. 457 of 2024 pending in the Court of

Principal Judge, Family Court, Kaushambi, by way of demand draft.

e) That it has been stated by the parties that all the articles/belongings/household items has already been

exchanged between them and they have accepted the same.

f) That it has also been agreed between the parties that all civil and criminal cases filed by them against

each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking

appropriate steps before the Court/authority concerned.

g) That the parties will not file any fresh case against each other in respect of this matrimonial dispute.

They have no claim against each other in future also.

h) That it has been agreed between the parties that they shall not violate the terms and conditions of this

settlement otherwise the aggrieved party will be free to take legal recourse."

4. Considering the facts and circumstances of the case and taking into
account the settlement/agreement arrived at between the parties on
03.09.2024 before the Mediation and Conciliation Centre of this Court and
in view of the judgment of Apex Court in Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs.
A482 No. 4330 of 2024
3

State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab
(2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5
SCC 688, the proceedings of complaint case no. 1999 of 2023 (Jyoti Devi
Vs. Surendra Kumar and others), under sections 498-A, 323, 504 I.P.C. and
4 D.P. Act, against the applicant no. 1 to 3 and under sections 498-A, 323,
504, 376 I.P.C. and 3/4 D.P. Act against the applicant no. 4 and 5, police
station- Manjhanpur, District Kaushambi, are hereby quashed.

5. The present application is allowed.

(Deepak Verma,J.)
May 12, 2026
Meenu Singh

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

Continue reading with your account

Checking your session…