HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6365 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. 1. Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned. 2. Learned counsel for the applicant is permitted to correct the same during the course of hearing. 3. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed for quashing of the entire proceedings of Complaint Case No. 2022 of 2022, as well as cognizance/ summoning order dated 15.04.2023 by which the learned Magistrate took cognizance under Section 406 Indian Penal Code (hereinafter referred as "I.P.C."), Police Station- Vijay Nagar, District- Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Ghaziabad in terms of the compromise dated 04.02.2025 arrived at between the parties. 4. Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Section 406 of I.P.C. on the basis of compromise dated 04.02.2025. A compromise has been verified in pursuance of the order of co-ordinate Bench of this Court. A certified copy of the verified compromise as well as verification proceedings has been filed as Annexure S.A. No. 1 of the supplementary affidavit dated 16.06.2025. 5. Learned counsel for the opposite party no. 2 argued that as the applicants have already arrived at amicable settlement on 04.02.2025, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants. Versus Counsel for Applicant(s) : Anil Kumar Counsel for Opposite Party(s) : Amresh Bahadur Tiwari, G.A. Manish Sharma .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 6. Heard, Sri Anil Kumar, learned counsel for the applicants, Sri Amresh Bahadur Tiwari, learned counsel for the opposite party nos. 2 and 3 and Sri Karunakar Singh, learned A.G.A. for the State are present. 7. The case is related to matrimonial dispute, opposite party no. 2 is father- in-law of the applicant and applicant is husband of opposite party no. 3. Both the parties entered into an amicable settlement, and fact of compromise has been confirmed and admitted by learned counsel for the parties and has jointly submitted that in the interest of justice the proceedings may be quashed in the light of the compromise. 8. Keeping in mind, the law laid down by the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303; Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 and Parbathbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of Gujarat & another, (2017) 9 SCC 641 and facts, circumstances of the case, the present application under Section 528 of BNSS is allowed. 9. The entire proceedings of Complaint Case No. 2022 of 2022, as well as cognizance/ summoning order dated 15.04.2023 by which the learned Magistrate took cognizance under Section 406 I.P.C., Police Station- Vijay Nagar, District- Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Ghaziabad, is hereby quashed. 10. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 & 3 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 11. The parties may file the certified copy of this order before the court concerned within four weeks from today. 12. Interim order, if any, stands vacated. September 8, 2025 Ishan NA528 No. 6365 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad