Allahabad High Court

ASHISH PANDEY AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided: 20 September 2026
Bench: CHAWAN PRAKASH

Holding

The High Court quashed the criminal proceedings against the applicants under its inherent powers under Section 482 Cr.P.C.

Summary

The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet and cognizance order in a dowry‑related case (Cr. No. 27610 of 2024) filed under Sections 498A, 323 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The marriage between the first applicant and the opposite party had been dissolved by mutual consent, and the parties had deposited Rs. 3,80,000 as per the court’s earlier order, indicating a settlement. The opposite parties did not oppose the quashal. The High Court examined Supreme Court precedents that allow the court’s inherent powers under Section 482 to dismiss criminal proceedings when the parties have settled their dispute and there is no public interest in continuation. Relying on those decisions, the Court held that the proceedings could be quashed. Consequently, the application was allowed and the criminal proceedings against the applicants were set aside, with the deposited amount ordered to be returned to the opposite party.

Issues considered

Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings on the ground of a settlement between the parties.
Whether the settlement and return of the deposited amount negate the public interest in continuing the prosecution under Sections 498A, 323 IPC and the Dowry Prohibition Act.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 498A

Subjects

Section 482
quash of criminal proceedings
settlement
dowry harassment
mutual consent divorce
high court inherent powers
public interest

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 43506 of 2024

Ashish Pandey And 5 Others
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Bratendra Singh, Mahendra Prasad
Counsel for Opposite Party(s) : Debee Shanker Pandey, G.A., Santosh
Kumar Tiwari

Court No. - 83
HON'BLE CHAWAN PRAKASH, J.

1. Heard Mr. Bratendra Singh, learned Counsel for the applicants, Mr. Debee
Shanker Pandey, learned Counsel for the opposite party nos. 2 and 3
and learned A.G.A. for the State and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed with the
following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased quash the Charge Sheet dated 05.03.2024,
Cognizance Order dated 24.06.2024 and entire proceeding of Case No.
27610 of 2024 (State Vs. Ashish Pandey and others) arising out of Case
Crime No. 02 of 2024 U/s 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act,
Police Station Belipar, District Gorakhpur pending in the court of learned
Additional Chief Judicial Magistrate- III, Gorakhpur."

3. Learned Counsel for the applicants submits that marriage between
applicant no.1 and opposite party no.3 was solemnized on 21.05.2023
according to Hindu rites and rituals. The applicants never made any
additional demand of dowry from the opposite party no.3 or other family
members. Opposite party no.2 lodged an F.I.R. as Case Crime No. 2 of 2024,
under Sections 498A, 323 I.P.C. and Section 3/4 D.P. Act at Police Station
Belipar, District Gorakhpur. After investigation, charge-sheet was filed and
learned Magistrate took cognizance thereof. Thereafter, applicant no.1 and
opposite party no.3 entered into a compromise. They have settled their
dispute amicably. It is further submitted that, in compliance with the order
dated 01.08.2025 of this Court, the applicant deposited Rs. 3,80,000/- with
the learned Registrar General. The marriage between the applicant no.1 and
opposite party no.3 was dissolved by judgment and order dated 03.08.2026
A482 No. 43506 of 2024
2

and proceedings of the aforesaid case may kindly be quashed.

4. Learned Counsel for opposite party nos.2 and 3 submits that they have no
objection if the impugned proceedings pending against the applicants is
quashed.

5. This Court, vide order dated 01.08.2025, passed the following order:

"Learned counsel for the applicants and learned counsel for the opposite
party nos. 2 and 3 on instructions from their respective clients has informed
this Court that in the present case divorce by mutual consent through
permanent alimony, which is fixed as Rs. 3,80,000/- would be made.

In view of the statement made by learned counsel for the parties, let the
amount of Rs. 3,80,000/- be deposited with the Registrar General of this
Court within a period of three weeks from today. If the said amount is
deposited, the same would be kept in a fixed deposit account bearing interest
in a nationalized bank.

Learned counsel for both the parties may file the affidavit of compromise
within the aforesaid period.

List on 28.08.2025 in top ten cases. "

6. As per record, the applicant has deposited Rs. 3,80,000/- in compliance of
the order dated 01.08.2026 of this Court.

7. The law with regards to quashing of a case on the basis of settlement
arrived between the parties, is well settled. The Apex Court in the cases of
(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4
SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation :
(2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16
SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5)
Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278
and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and
others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that
the cases in which the parties have settled their grievances can be quashed.

8. From perusal of the records and the law laid down by the Apex Court on
the subject matter, the present case is a good case for exercising powers by
this Court to quash the proceedings as prayed for by the applicants.

9. The entire proceedings of the aforesaid case with regard to the present
applicants are hereby quashed.
A482 No. 43506 of 2024
3

10. The present application is allowed.

11. The learned Registrar General is directed to return the aforesaid amount
of Rs. 3,80,000/- with interest, if any, to the opposite party no.3, as per
Rules.

September 21, 2026
Vijay
(Chawan Prakash,J.)

Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad

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