KUNWAR VIKASH SINGH AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 40101 of 2026

Kunwar Vikash Singh And 2 Others
                                                            .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                         :    Ankit Kapoor
Counsel for Opposite Party(s)                    :    G.A.

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

1. Heard Sri Ankit Kapoor, learned counsel for applicants and learned
AGA for the State.

2. The present application under Section 528 B.N.S.S. has been filed by
the applicants with a prayer to quash the charge sheet dated 19-04-2019
and entire Criminal proceedings of Criminal Case No. 419 of 2019 (State
Vs. Kunwar Vikash Singh & Ors), arising out of Case Crime No.372 of
2018, under sections 498A, 323, 504, 506, 377 of I.P.C. and section 3/4 of
the Dowry Prohibition Act in respect to the applicant no.1 and under
sections 498-A, 323, 504, 506 I.P.C. and section 3/4 of the Dowry
Prohibition Act in respect to the applicant no. 2 and under section 498-A,
323, 504, 506, 354, 376 I.P.C. and section 3/4 of the Dowry Prohibition
Act in respect to the applicant no. 3, P.S.-Bhelupur, District-Varanasi,
pending in the court Additional Chief Judicial Magistrate III.

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 3.7.2026 passed in Application U/S
528 BNSS No.20247 of 2026, directed the parties to appear before the
trial court for verification of the parties and compromise application. Trial
court vide order dated 30.7.2026 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
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not want to proceed the matter against the applicants. He further
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 19-04-2019 and entire Criminal
proceedings of Criminal Case No. 419 of 2019 (State Vs. Kunwar Vikash
Singh & Ors), arising out of Case Crime No.372 of 2018, under sections
498A, 323, 504, 506, 377 of I.P.C. and section 3/4 of the Dowry
Prohibition Act in respect to the applicant no.1 and under sections 498-A,
323, 504, 506 I.P.C. and section 3/4 of the Dowry Prohibition Act in
respect to the applicant no. 2 and under section 498-A, 323, 504, 506,
354, 376 I.P.C. and section 3/4 of the Dowry Prohibition Act in respect to
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                                    the applicant no. 3, P.S.-Bhelupur, District-Varanasi are hereby quashed.

                                    8. This application under Section 528 of B.N.S.S. is accordingly allowed.



                                                                                        (Chawan Prakash,J.)
                                    September 22, 2026
                                    Md Faisal




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