Sachin Srivastava And Others vs State Of U.P. And Another
- Neutral2026:AHC-LKO:32741
Ratio decidendi
The rule this decision rests on
Where parties to criminal proceedings for offences under sections 498-A, 323, 504, 506 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act have amicably settled their dispute and the entire agreed settlement amount has been paid to the complainant, criminal proceedings may be quashed under the court's inherent powers. Where criminal proceedings arising from a matrimonial dispute have been quashed following amicable settlement between the parties, the mandatory cooling-off period prescribed under the Hindu Marriage Act may be relaxed.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Sharad Dixit, Nikhil Dixit, Nikhil Dixit, Samrat Gupta, Samrat Gupta
Counsel for Opposite Party(s)
:
Govt. Advocate, Arvind Kumar Pathak, Prabhakar Singh, Ram Suphal
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J.
On 26-02-2026, the following order was passed:-
"1. Heard learned counsel for parties.
2. Both the parties are present before this Court and have been identified by their counsel. On counseling both the parties have agreed to settle their dispute.
3. It has been agreed that on payment of Rs.11.75 Lakhs along with jewelries as well as household articles given by family of opposite party no.2, parties will settle their dispute once and for all. Parties have agreed to live separately for which they will file appropriate divorce proceedings under Section 13(B) of Hindu Marriage Act. The applicant no.1 undertakes to pay Rs.11.75 Lakhs in two installments. Half of the said amount shall be paid on or before 16.03.2026. The jewelries and other household article shall be handed over to opposite party no.2 on the said date in presence of their counsels. Remaining half of the amount shall be paid to opposite party no.2 as agreed by applicant no.1 on or before 30.04.2026.
4. As an interim measure, parties shall move application under Section 13(B) of Hindu Marriage Act before the appropriate Court. On payment of the aforesaid amount, all the cases filed by parties against each other shall be withdrawn.
5. List this case on 17.03.2026 for compliance of first part of the order.
6. Interim order, granted earlier, shall continue till the next date of listing. "
While passing the aforesaid order, the next date fixed in the matter was 17-03-2026 and it was provided that as an interim measure, the parties shall move application under section 13(B) of the Hindu Marriage Act before the appropriate court and on payment of the amount of Rs. 11.75 Lakhs, all the cases filed by the parties against each other shall be withdrawn.
On 17-03-2026, the following order was passed :-
"It is argued that the first part of the order dated 26.02.2026 has been complied with.
List this matter on 06.05.2026.
Both the parties shall be present on the next date. "
In compliance of the order aforesaid, the applicants as well as the opposite party no. 2 are present in person before this court. Rest of the amount of Rs. 5,87,500/- through the bank draft dated 04-05-2026 of the H.D.F.C. Bank has been handed over in the court to the learned counsel for the complainant by the learned counsel for the applicants.
Learned counsel for the complainant has identified the complainant in the court room.
Now, the whole of the amount as is settled in between the parties, has been paid to the complainant, to which the complainant appearing before this court is agreed. Consequently, there seems to be no any dispute further in between the parties at this stage.
Learned counsel for the complainant submits that he has no objection if the criminal proceedings against the applicants are quashed.
In view of the abovesaid facts and circumstances of the case, the criminal proceedings arising out of Case Crime No. 160 of 2018, under sections 498-A,323,504,506 of I.P.C. and section 3/4 of the Dowry Prohibition Act, Police Station-Vikas Nagar, district-Lucknow are hereby quashed.
Needless to say that since the parties have amicably settled their dispute and the criminal proceedings have been quashed against the applicants and therefore, the cooling period is hereby relaxed.
The trial court shall proceed accordingly.
The application is hereby allowed.
The appearance of the applicants as well the complainant is exempted.
(Shree Prakash Singh,J.)
May 6, 2026
AKS
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