JAMSHED AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 17298 of 2026

Jamshed And 6 Others
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Chandra Shekhar Pal, Sunil Kumar
                                Yadav
Counsel for Opposite Party(s) : Anil Kumar, G.A., Jitendra Kumar

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

1. Heard Sri Sunil Kumar Yadav, learned counsel for the applicants, Sri
Anil Kumar, learned counsel for the opposite party No. 2, 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 to
allow this application, call for records and quash Charge Sheet dated
28.05.2021, order taking cognizance order dated 29.07.2021 and
proceedings initiated pursuance thereof at Case No. 5760 of 2021 (State
Vs Jamshed) arising out of of Case Crime No. 147 of 2021, under
sections 498-A, 323, 504, 506, 324 IPC and 3/4 D.P Act, Police Station-
Khatauli, District-Muzaffarnagar, pending before Civil Judge, Junior
Division (FTC) 1st, Muzaffarnagar.

3. Learned counsel for the applicants submits that the applicants and
opposite party no.2 have amicably settled their disputes through
compromise dated 15.10.2025 which has been placed as Annexure No.
"5" 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 counsel for the opposite party No. 2 does not dispute the
submissions advanced by the learned counsel for the applicants or
correctness of the documents relied upon by him.
                                                                                           NA528 No. 17298 of 2026
                                                                    2


                                    5. 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.

                                    6. In view of above, without expressing any opinion on the merits of the
                                    case, both the parties are directed to appear in person 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.

                                    7. 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.

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

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



                                                                                      (Nand Prabha Shukla,J.)
                                    May 6, 2026
                                    Puspendra




Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad