Allahabad High Court
ANURAG KASHYAP AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- TEJ PRATAP TIWARI
Holding
The Court held that the criminal proceedings may be quashed as the parties have settled their grievances, and therefore exercised its inherent power under Section 482 CrPC to dismiss the case.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge‑sheet and the entire criminal proceeding (Criminal Case No. 36984 of 2025) relating to offences under Sections 498‑A, 323, 504, 506 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961. They relied on a settlement agreement dated 7 December 2025 between the parties. The Court examined the settled law that a criminal case may be quashed when the parties have resolved their dispute, citing several Supreme Court decisions. Finding the present matter a suitable case for the exercise of its inherent powers, the Court allowed the application and ordered the complete quashing of the proceedings. The order was pronounced on 13 January 2026 by Justice Tej Pratap Tiwari.
Issues considered
- Whether a criminal proceeding involving offences under the IPC and the Dowry Prohibition Act can be quashed under Section 482 CrPC on the basis of a settlement between the parties.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482, 528
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- settlement
- quash
- Section 482 CrPC
- criminal proceeding
- dowry prohibition
- IPC offences
- high court
- case law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20874 of 2025
Anurag Kashyap And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Kumar
Counsel for Opposite Party(s) : Aman Kumar, G.A., Shashank Mishra
Court No. - 79
HON'BLE TEJ PRATAP TIWARI, J.
1. Heard Sri Manish Kumar, learned counsel for the applicants, learned
A.G.A. for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed by the
applicants with a prayer to quash the charge sheet No. 41 of 2025 dated
12.03.2025 as well as Cognizance order dated 05.05.2025 and entire
criminal proceeding of Criminal Case No. 36984 of 2025 connection with
Case Crime No. 04 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. and
Section 3/4 Dowry Prohibition Act, 1961, Police Station-Kotwali, District-
Kanpur Nagar pending in the court of learned Chief Judicial Magistrate,
Kanpur Nagar.
3. At the very outset, learned counsel for the applicants prays for quashing of
the entire criminal proceedings mentioned herein-above on the basis of
settlement agreement entered into between the parties on 07.12.2025 and a
copy whereof is taken on record.
4. 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.
5. From perusal of the records and the law laid down by the Apex Court on
NA528 No. 20874 of 2025
2
the subject matter, the present case is a good case for exercising powers by
this Court to quash the entire proceedings as prayed for by the applicants.
6. The present application is allowed.
7. The entire proceeding of the aforesaid case are hereby quashed.
January 13, 2026
SY
(Tej Pratap Tiwari,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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