Allahabad High Court
RAGHUVENDRA AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- TEJ PRATAP TIWARI
Holding
The court held that where the parties have settled their grievances and agreed to withdraw the case, the charge sheet may be quashed under Section 482 CrPC.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking quash of charge sheet No.31/2024 relating to offences under Sections 498A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The matter was referred to the Court’s Mediation Centre, which recorded a settlement on 14 November 2025 wherein the parties amicably resolved their dispute, agreed to withdraw the pending cases and dissolve their marriage. The State counsel did not contest the existence of the settlement. Relying on Supreme Court precedents that allow quashing of criminal proceedings where parties have settled, the High Court held that the charge sheet could be set aside. Consequently, the application was allowed and the charge sheet and related proceedings were quashed.
Issues considered
- Whether a criminal case involving offences under the IPC and 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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 506
Subjects
- settlement
- quash
- Section 482 CrPC
- mediation
- dowry prohibition
- domestic violence
- criminal procedure
- compromise
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 23732 of 2025
Raghuvendra And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Srivastava, Saagar
Srivastava
Counsel for Opposite Party(s) : G.A., Kartikey Singh
Court No. - 79
HON'BLE TEJ PRATAP TIWARI, J.
1. Heard learned counsel for the applicants, 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 by the
applicants with the prayer to quash the charge sheet No.31/2024 dated
10.03.2024 arising out of Case Crime No.11 of 2024, under Sections 498A,
323, 506 I.P.C. & Section 3/4 D.P. Act, Police Station-Mahila Thana,
District Mathura pending in the court of Civil Judge (J.D.), Fast Track Court
(Offence against the Women), Judicial Magistrate, Mathura.
3. The matter was referred to the Mediation Centre of this Court vide order
dated 09.07.2025 for making an effort between the parties for settling their
disputes amicably.
4. As per report of Mediation Centre dated 14.11.2025 the parties have
amicably settled their dispute and further agreed to withdraw the cases going
on between them.
5. As per the report from the Mediation Centre of this Court is on record
which states that mediation between the parties is successful.
6. Learned counsel for the applicants argued that parties have settled the
dispute amicably before the Mediation and Conciliation Centre of this Court
and the applicant no. 1(husband) and the opposite party no. 2(wife) have
decided to dissolve their relationship as husband and wife, para-7(a) and
therefore the impugned proceedings/summoning order/charge sheet be
quashed on the ground of settlement arrived at between the parties.
7. From perusal of the report of Mediation Centre of this Court, it appears
that in pursuance of the said order the mediation proceedings were taken up
which ended in a settlement dated 14.11.2025 between the parties and the
NA528 No. 23732 of 2025
2
Mediation succeeded and they have decided to dissolve their relationship.
The parties have settled their grievances and even the dispute arising in the
present matter. The parties have agreed to withdraw the cases going on
between them, the said fact is mentioned in para 7(g) of the said mediation
report.
8. Learned State counsel could not dispute the factum of compromise
between the parties which is on record.
9. 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.
10. 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/summoning order as prayed for by the
applicants.
11. The present application is allowed.
12. The impugned charge-sheet and proceedings of the aforesaid case are
hereby quashed.
March 19, 2026
MN/-
(Tej Pratap Tiwari,J.)
Digitally signed by :-
MAHENDRA NATH
High Court of Judicature at Allahabad
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