AVNISH YADAV AND ANOTHERversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 27455 of 2026

Avnish Yadav And Another
                                                                    .....Applicant(s)
                                        Versus

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

Counsel for Applicant(s)      : Istyak Khan, Sheikh Saaduddin Sazaly
Counsel for Opposite Party(s) : Adnan Aamir, G.A.

Court No. - 84
                    HON'BLE PRASHANT MISHRA-I, J.

1. Heard Mr. Istyak Khan, learned counsel for the applicants, learned A.G.A.
for the State and Mr. Vinod Kumar Yadav, learned Advocate, holding brief
of Mr. Adnan Aamir, learned counsel for opposite party No. 2.

2. Prayer of the applicants in the instant application is quoted herein below:

"It is, most respectfully prayed that the Hon'ble Court may most graciously be pleased
to allow the application and quash the entire criminal proceedings of Criminal Case
No.6448 of 2024, Khushbu Yadav Vs. Avnish Kumar Yadav and another, under
Sections 6 of D.P.Act. Police Station-Kotwali, District-Ghazipur and also quash the
summoning order dated 18.05.2024 (Annexure No.-1) passed in aforesaid case,
pending in the Court of Chief Judicial Magistrate, Ghazipur, in pursuance of
compromise dated 6.03.2026 filed by both the parties.

It is further prayed that the Hon'ble Court may graciously be pleased to stay the
further proceeding of Criminal Case No.6448 of 2024, Khushbu Yadav Vs. Avnish
Kumar Yadav and another, under Sections 6 of D.P.Act, Police Station-Kotwali,
District-Ghazipur, pending in the Court of Chief Judicial Magistrate, Ghazipur.
Otherwise the Applicants will suffer from irreparable loss and injury.

And/Or pass any order as the Hon'ble Court may deem just and proper under the
circumstances of the case."

3. Learned counsel for the applicants and learned counsel for opposite party
No. 2 jointly drew the attention of this Court on the order dated 13.07.2026
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passed by this Court, by which the learned trial court was directed to verify
the terms and conditions of the compromise as well as status and identity of
the parties and send its verification report.

4. In compliance of the aforesaid order of this Court, learned trial court has
sent its verification report dated 27.07.2026 and the learned trial court has
endorsed that the compromise was verified in the open court in presence of
the parties.

5. Learned counsel for the applicants and learned counsel for opposite party
No. 2 jointly submitted that since it is a matrimonial dispute and the parties
concerned have compromised the matter and the said compromise has been
verified by the learned trial court, therefore, no fruitful purpose would be
served if the prosecution is allowed to go on.

6. Learned Additional Government Advocate submits that both the parties
have settled their dispute out of the court, hence, there is no reason to
proceed further.

7. The Hon'ble Apex Court in the cases of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs.
State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi
Narayanan, (2019) 5 SCC 688 had categorically held that compromise can
be made between the parties even in respect of certain cognizable and non-
compoundable offences. Reference may also be made to the decision given
by this Court in Shaifullah and others Vs. State of U.P. and another, [2013
(83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the
aforesaid cases has been explained in detail.

8. Considering the facts and circumstances of the case and also the
submissions made by the learned counsel for the parties, this Court is of the
considered opinion that, since it is a matrimonial dispute and the parties have
compromised the matter, therefore, no useful purpose would be served by
prolonging the proceedings of the above mentioned case.

9. Accordingly, impugned summoning order dated 18.05.2024 passed
against the applicants and the entire criminal proceedings of Criminal Case
No.6448 of 2024, Khushbu Yadav Vs. Avnish Kumar Yadav and another,
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                                                                    3


                                    under Sections 6 of D.P.Act. Police Station-Kotwali, District-Ghazipur,
                                    pending in the Court of Chief Judicial Magistrate, Ghazipur, are hereby
                                    quashed.

                                    10. The instant application under Section 528 of the B.N.S.S. is accordingly
                                    allowed.

                                    11. In case the terms and conditions of the compromise are violated by any
                                    of the parties, the aggrieved party may approach this Court.



                                                                                         (Prashant Mishra-I,J.)
                                    September 21, 2026
                                    Kashifa




Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad