SHIV KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 41594 of 2026

Shiv Kumar And 2 Others
                                                            .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)           : Ajay Kumar, Pawan Kumar Gupta
Counsel for Opposite Party(s)      : G.A.

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

1. Heard Sri Gyan Singh, Advocate holding brief of Sri Ajay Kumar,
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
21.12.2022 and entire proceedings of Criminal Case No.1238 of 2023
(State V/S Shivkumar and others), arising out of Case Crime No. 468 of
2022, under sections 498 A, 323, 504, 506, I.P.C. and 3/4 of Dowry
Prohibition Act Police Station Muradnagar, District Ghaziabad, pending
in the ACJM 6 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 12.5.2026 passed in Application U/S
528 BNSS No.19388 of 2026, directed the parties to appear before the
trial court for verification of the parties and compromise application. Trial
court vide order dated 8.1.2024 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 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
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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 counsel appearing for the opposite party no.2 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 opposite party no. 2 has no objection, if the proceedings in
the aforesaid case are quashed.

5. Learned AGA submitted that both the parties have settled their dispute
out of the court, hence, no reason to proceed further.

6. 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.

7. 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.

8. Accordingly, the charge sheet dated 21.12.2022 and entire proceedings
of Criminal Case No.1238 of 2023 (State V/S Shivkumar and others),
arising out of Case Crime No. 468 of 2022, under sections 498 A, 323,
504, 506, I.P.C. and 3/4 of Dowry Prohibition Act Police Station
Muradnagar, District Ghaziabad are hereby quashed in respect of present
applicants.
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                                    9. 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