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2025 DAILYLAW 189256 (ALL)

SHADAB AKHTAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/30002/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30002 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Ankit Tiwari, learned counsel for the applicants, Sri Saket Verma, holding brief of Sri Shivendra Singh, learned counsel for the opposite party no.2 and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State. 3. The instant application under Section 528 BNSS has been filed seeking quashing of the summoning order dated 11.08.2023 passed by the learned Additional Chief Judicial Magistrate-IV Meerut in case no. 20951 of 2023 arising out of Case Crime No. 90 of 2023 under Sections 498-A, 323, 504, 506 of IPC & 3/4 DP Act, & 3/4 Muslim Women (protection of Rights on Marriage) Act, relating to the Police Station- Kotwali, District-Meerut as well as entire proceedings of case no. 20951 of 2023 arising out of Case Crime No. 90 of 2023 under Sections 498-A, 323, 504, 506 of IPC & 3/4 DP Act, & 3/4 Muslim Women (protection of Rights on Marriage) Act, relating to the Police Station- Kotwali, District- Meerut pending in the court of Additional Chief Judicial Magistrate IV, Meerut. 4. Learned counsel of the applicants submits that the instant case is arising out of the matrimonial dispute between the applicant no. 1 and the Opposite Party No. 2 as they are husband and wife. However, during the pendency of the case before the trial court, the parties have settled their dispute amicably and a compromise dated 28.6.2023 was executed between the parties. During the pendency of this case, parties have settled their dispute amicably. Certified copy of the compromise dated 28.6.2023 is annexed as Annexure-5 to this application. 5. Vide order dated 18.8.2025 this Court has directed the parties to appear before the trial court and submit the compromise for verification. Accordingly, parties have appeared before the trial court on 19.9.2025 and in presence of the parties the said compromise have been duly verified by the trial court, certified copy of the order dated 9.9.2025, verifying the compromise has been annexed as Annexure-S.A.1. Versus Counsel for Applicant(s) : Ankit Tiwari Counsel for Opposite Party(s) : G.A., Shivendra Singh Shadab Akhtar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Relying upon the aforesaid submissions, learned counsel for the applicants seeks quashing of the entire proceedings of the aforesaid case as the matter has already been settled between the parties on the basis of the compromise. 7. Learned counsel for opposite party no.2 admits the aforesaid facts regarding execution of compromise and its verification as well. He also supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties. 8. Sri Kamlesh Kumar Tripathi, learned A.G.A. looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein. 9. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that applicant no. 1 is the husband of the opposite party no.2. There was a matrimonial dispute between the parties which has amicably been settled through compromise dated 28.6.2023. 10. Since it was a matrimonial dispute between the parties, which has been amicably settled and the compromise executed has been verified by the trial court, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the summoning order dated 11.08.2023 passed by the learned Additional Chief Judicial Magistrate-IV Meerut in case no. 20951 of 2023 arising out of Case Crime No. 90 of 2023 under Sections 498-A, 323, 504, 506 of IPC & 3/4 DP Act, & 3/4 Muslim Women (protection of Rights on Marriage) Act, relating to the Police Station- Kotwali, District-Meerut as well as entire proceedings of case no. 20951 of 2023 arising out of Case Crime No. 90 of 2023 under Sections 498-A, 323, 504, 506 of IPC & 3/4 DP Act, & 3/4 Muslim Women (protection of Rights on Marriage) Act, relating to the Police Station- Kotwali, District- Meerut pending in the court of Additional Chief Judicial Magistrate IV, Meerut are hereby quashed. October 15, 2025 n.u. NA528 No. 30002 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad