OMPAL SAINI AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 11814 of 2026

Ompal Saini And Another
                                                             .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                     :   Sanjeev Kumar Rai
Counsel for Opposite Party(s)                :   G.A.

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Sanjeev Kumar Rai, learned counsel for the applicants and
learned A.G.A. for the State and perused the record.

2. The present application under Section 528 B.N.S.S. has been filed with a
prayer to allow this application and quash the entire criminal proceedings of
Criminal Case No. 926 of 2016 (Sonu versus State and Others) arising out
of Case Crime No. 313 of 2001 under Sections 498-A, 323, 504 I.P.C. and
3/4 Dowry Prohibition Act, Police Station-Nai Mandi, District-Muzaffar
Nagaron pending in the court of learned Additional Chief Judicial
Magistrate, Court No. 1, Muzaffar Nagar on the basis of settlement
agreement dated 09.08.2023.

3. Learned counsel for the applicants submit that the parties have amicably
settled their disputes vide settlement agreement dated 09.08.2023, which has
been placed as "Annexure No.-3" to the application. Therefore, no useful
purpose would be served in continuing the proceedings before the Court
concerned and the same is not only sheer wastage of time of the Court but
also abuse of process of law.

4. Learned A.G.A., however, submits that it is the Trial Court, which has to
verify the fact as to whether the parties have entered into compromise, hence
the applicants may approach the concerned Court and move an application
with respect to compromise between the parties, which will be decided in
accordance with law.

5. In view of above, without expressing any opinion on the merits of the
                                                                                             NA528 No. 11814 of 2026
                                                                      2


                                    case, the applicants and opposite party No. 2 are directed to appear before
                                    the Trial Court along with compromise deed as well certified copy of this
                                    order within three weeks from today. It is expected that Court concerned
                                    may fix a date for the verification of the compromise and after ensuring the
                                    presence of the parties, pass an appropriate order with respect to the same in
                                    accordance with law, as expeditiously as possible, after giving opportunity
                                    of hearing to both the parties, preferably within a period of three months
                                    from the date of production of a certified copy of this order, if there is no
                                    other legal impediment. While passing the order verifying the compromise,
                                    the Court concerned shall also record the statements of the parties as to
                                    whether all the terms and conditions mentioned in the original compromise
                                    deed, so filed, have been fulfilled or not.

                                    6. The Court in that scenario will allow the parties to obtain certified copy of
                                    the report as well as compromise and it will be open to the applicants to
                                    approach this Court again for quashing of the proceedings.

                                    7. Till verification of compromise between the parties by the Court
                                    concerned, no coercive action shall be taken against the applicants in the
                                    aforesaid case.

                                    8. With the aforesaid directions, this application is disposed of.

                                    March 25, 2026
                                    SY
                                                                                        (Nand Prabha Shukla,J.)




Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad