Allahabad High Court
ANURAG KAUSHIK AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The Court held that the criminal proceedings are quashed as the parties have settled their dispute, in accordance with Supreme Court authority on quashing cases on settlement.
Summary
The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash criminal proceedings (Case No. 2314 of 2019) instituted by the complainant under Sections 498A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. They asserted that the dispute arose from a matrimonial conflict that has been amicably settled, with a settlement amount of Rs.10,00,000 deposited with the trial court and a pending petition under Section 13‑B of the Hindu Marriage Act. The complainant (Opposite Party No.2) consented to the quashal. The Court, relying on Supreme Court precedents that allow quashing of criminal cases where parties have settled their grievances, held that the settlement justified dismissal of the proceedings. Consequently, the Court quashed the entire criminal proceeding against the applicants and allowed the application.
Issues considered
- Whether criminal proceedings under Sections 498A, 323, 504, 506 IPC and the Dowry Prohibition Act can be quashed under Section 482 Cr.P.C. on the basis of a settlement between the parties.
- Whether the consent of the complainant is sufficient to justify quashal of the case.
- Whether a civil settlement extinguishes criminal liability in offences covered by the IPC and the Dowry Prohibition Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 200, 202, 482
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 13-B
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- Section 482 Cr.P.C.
- quash of criminal proceedings
- settlement
- IPC offences
- Dowry Prohibition Act
- Hindu Marriage Act
- family dispute
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 43986 of 2019
Anurag Kaushik And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Pandey
Counsel for Opposite Party(s) : G.A., Raghuvansh Chandra, Ram Jee
Saxena
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Ashok Kumar Pandey, learned Counsel for the applicants, Mr.
Raghuvansh Chandra, learned Counsel for the opposite party no. 2
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 to allow this application and quash the entire proceeding as well as
summoning order dated 08.08 2019 passed by Additional Chief Judicial Magistrate
Court No.4 Meerut in complaint Case No. 2314 of 2019, Smt Varsha Bhatt Vs. Parag
Kaushik and other u/s 498A, 323, 504, 506 I.P.C. 3/4 D.P Act ,P.S Partapur, District
Meerut."
3. Learned Counsel for the applicants submits that the applicants are
innocent and have been falsely implicated in the present case. He further
submits that marriage between applicant no.2 and opposite party no.2 was
solemnized on 26.11.2017, according to Hindu rites and rituals. The opposite
party no.2 filed a complaint case bearing No. 2314 of 2019, Varsha Bhatt v.
Parag kaushik and others. STatement of opposite party no.2 was recorded
under Section 200 Cr.p.C. and statements of witnesses Nisha Bhatt and Anuj
bhatt were recorded under Section 202 Cr.P.C. Thereafter, the learned
Magistrate summoned the applicant nos. 1 and 2 under Sections 498A, 323,
504 and 506 I.P.C. and Section 3/4 D.P. Act and applicant nos. 3, 4 and 5
under Sections 323, 504 and 506 I.P.C. by order dated 08.08.2019. He
further submits that applicant no.2 and opposite party no.2 have amicably
settled their dispute and filed Petition No. 2952 of 2025, under Section 13-B
of Hindu Marriage Act before the Principle Judge, Family Court, Meerut,
A482 No. 43986 of 2019
2
which is pending for disposal. Learned Counsel for the applicants further
submits that the parties have settled their dispute with Rs. 10,00,000/-. The
said amount is deposited with the Trial Court. Opposite party no.2 will
receive the same after disposal of the said petition filed under Section 13-B
of Hindu Marriage Act. Learned Counsel for the applicants further submits
that as per the agreement entered into between parties, the proceedings of
this case may kindly be quashed.
4. Learned Counsel for the opposite party no.2 supported the argument so
advanced by the learned Counsel for the applicants and submits that he has
no objection if the impugned proceedings pending against the applicants is
quashed.
5. 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.
6. Upon perusal of the records and the law laid down by the Apex Court on
the subject, this is a fit case for exercising powers of this Court to quash the
proceedings, as prayed for by the applicants.
7. The entire proceedings of the aforesaid case, insofar as the present to the
present applicants, are hereby quashed.
8. The present application is allowed.
September 23, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
Checking your session…