SAKIB AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 40436 of 2026

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

State Of U.P. And Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Dharmendra Kumar Mishra, Pardeep
                                Kumar
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Pardeep Kumar, learned counsel for applicant 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 03.11.2025
and entire proceeding of Criminal Case No.09 of 2026 (State Vs Sakib
and others), arising out of Case Crime No.276 of 2025, under Sections 85,
115(2), 352, 351 (2) of B.N.S. & 3/4 D.P. Act and 3/4 Muslim Marriage
Act against the applicant no.1 and Under Section 85, 115(2), 352, 351 (2)
of B.N.S. & 3/4 D.P. Act against the applicant no.2 and 7, Police Station
Gagalheri District Saharanpur.

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 30.3.2026, passed in Application U/S
528 BNSS No.11449 of 2026, directed the parties to appear before the
trial court for verification of the parties and compromise application. Trial
court vide order dated 20.8.2026 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 03.11.2025 and entire proceeding
of Criminal Case No.09 of 2026 (State Vs Sakib and others), arising out
of Case Crime No.276 of 2025, under Sections 85, 115(2), 352, 351 (2) of
B.N.S. & 3/4 D.P. Act and 3/4 Muslim Marriage Act against the applicant
no.1 and Under Section 85, 115(2), 352, 351 (2) of B.N.S. & 3/4 D.P. Act
against the applicant no.2 and 7, Police Station Gagalheri District
Saharanpur are hereby quashed.
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                                    8. This application under Section 528 of B.N.S.S. is accordingly allowed.



                                                                                        (Chawan Prakash,J.)
                                    September 23, 2026
                                    Md Faisal




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