A482/43506/2024 of ASHISH PANDEY AND 5 OTHERS Vs STATE OF U.P. AND 2 OTHERS on 20 September 2026

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 Versus Counsel for Applicant(s) : Bratendra Singh, Mahendra Prasad Counsel for Opposite Party(s) : Debee Shanker Pandey, G.A., Santosh Kumar Tiwari Ashish Pandey And 5 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)

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

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 A482 No. 43506 of 2024

(Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad