SHAKIL AHMAD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/32547/2025 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 193146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193146 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32547 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Peeyush Kumar Pathak, learned counsel for the applicants, Sri Ajay Kumar Pandey, learned counsel for the opposite party no.2 and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet dated 30.03.2022 including the Cognizance Order along with the Summoning Order dated 12.05.2022 as well as the entire criminal proceedings of Case No. 3814 of 2022 State Vs. Shakil Ahmad and Others arising out of Case Crime No. 339 of 2021, under sections 498(A), 323, 504, 354(a) IPC, P.S. Azim Nagar, District- Rampur pending in the Court of II Additional Chief Judicial Magistrate, Rampur. 3. 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. However, during the pendency of the case before the trial court, the parties have settled their dispute amicably and a compromise dated 22.9.2025 was executed between the parties. During the pendency of this case, parties have settled their dispute amicably. 4. Vide order dated 29.8.2025 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 22.9.2025 and submit compromise which has been duly verified vide order dated 22.9.2025 by the trial court, certified copy of the compromise as well as the order verifying the compromise has been annexed as Annexure-S.A.1 to the supplementary affidavit, which has been filed today in Court. 4. 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. 5. 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 Versus Counsel for Applicant(s) : Bablu Kumar Singh, Rooma Singh Counsel for Opposite Party(s) : Vaishali Kushwaha, G.A. Shakil Ahmad And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties. 6.
Sri Kamlesh Kumar Tripathi, 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. 7. 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. 8. 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 charge- sheet dated 30.03.2022 including the Cognizance Order along with the Summoning
Order dated 12.05.2022 as well as the entire criminal proceedings of Case No. 3814 of 2022 State Vs. Shakil Ahmad and Others arising out of Case Crime No. 339 of 2021, under sections 498(A), 323, 504, 354(a) IPC, P.S. Azim Nagar, District-Rampur pending in the Court of II Additional Chief Judicial Magistrate, Rampur are hereby quashed. October 14, 2025 n.u. NA528 No. 32547 of 2025 2 (Anish Kumar Gupta,J.)
Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad