SOMIT SHARMA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 39457 of 2025

Somit Sharma And 3 Others
                                                           .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                        :   Ashish Pandey
Counsel for Opposite Party(s)                   :   G.A.

Court No. - 83
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Ashish Pandey, learned counsel for applicants and learned
AGA for the State.

2. The present application under Section 528 of the B.N.S.S. has been
filed by the applicants with a prayer to quash the charge sheet dated
26.07.2023 along with summoning/cognizance orders dated 05.09.2023
passed by Additional Civil Judge (S.D.), Court No.4, Ghaziabad and the
entire proceeding of Case No.7999 of 2023 (State vs. Brijesh Sharma and
Others), arising out of Case Crime no. 100 of 2023, under Sections 498A,
323, 504 of I.P.C. and 3/4 of Dowry Prohibition Act 1961, Police Station
Murad Nagar, District Rural (Commissionarate Ghaziabad), pending in
the court of Additional Civil Judge (S.D.)/A.C.J.M, Court No.5,
Ghaziabad.

3. Learned counsel for the applicants submitted that applicants and
opposite party no.2 have amicably settled their dispute out of the Court.
Applicants approached this Court by filing this application with prayer to
quash the proceedings on terms of compromise entered between the
parties, this Court vide order dated 13.10.2025 directed the parties to
appear before the trial court for verification of the parties and compromise
application. Trial court vide order dated 10.11.2025 verified the parties as
well as compromise application. He further submitted that applicants and
opposite party no.2 compromised the matter and opposite party No.2 does
not want to proceed the matter against the applicants. He further
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submitted that applicants and opposite party no.2 have settled through
compromise their dispute and as such opposite party no.2 does not wish to
press the aforesaid case against the applicants. Opposite party no.2 is
ready to withdraw the prosecution of the applicants and in view of the
compromise, no fruitful purpose would be served if the prosecution is
allowed to go on.

4. Learned AGA does not dispute the correctness of the submission made
by learned counsel for the applicants or the correctness of the documents
relied upon by him. He submits that he has no objection, if the
proceedings in the aforesaid case are quashed.

5. The Hon'ble Apex Court in the case of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai
Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of
Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan
(2019) 5 SCC 688, wherein Hon'ble Apex Court has 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.

6. Considering the facts and circumstances of the case, as noted herein
above, and also the submissions made by learned counsel for the parties,
this Court is of the considered opinion that no useful purpose would be
served by prolonging the proceedings of the above mentioned case.

7. Accordingly, the charge sheet dated 26.07.2023 along with
summoning/cognizance orders dated 05.09.2023 passed by Additional
Civil Judge (S.D.), Court No.4, Ghaziabad and the entire proceeding of
Case No.7999 of 2023 (State vs. Brijesh Sharma and Others), arising out
of Case Crime no. 100 of 2023, under Sections 498A, 323, 504 of I.P.C.
and 3/4 of Dowry Prohibition Act 1961, Police Station Murad Nagar,
District Rural (Commissionarate Ghaziabad) are hereby quashed in
respect of present applicants.
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                                    8. This application under Section 528 of the B.N.S.S. is accordingly
                                    allowed.



                                                                                    (Chawan Prakash,J.)
                                    September 29, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad