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2025 DAILYLAW 2617 (ALL)

NISHANT SINGH @ SONU SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39044/2025 · 2026-05-06

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39044 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Sri Shiv Kumar Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed to allow this application and to quash the entire proceeding of the Case No. 10665 of 2024 and charge sheet dated 11.11.2023 and cognizance order dated 10.05.2024, State vs. Nishant @ Sonu, arising out of case crime no. 0183 of 2023 under sections 498A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S. Gajner, District Kanpur Dehat, pending in the court of learned Judicial Magistrate-1st, Kanpur Dehat. 3. Learned counsel for the applicants submits that in a proceeding under section 13-B of the Hindu Marriage Act, the applicants and opposite party no. 2 have moved the compromise dated 27.2.2026 placed as Annexure No.1 to the supplementary affidavit dated 29.3.2026. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. 4. Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in accordance with law. Versus Counsel for Applicant(s) : Shiv Kumar Singh Counsel for Opposite Party(s) : G.A. Nishant Singh @ Sonu Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear in person before the Trial Court along with compromise as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. 6. The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the aforesaid directions, this application is disposed of. May 7, 2026 Puspendra NA528 No. 39044 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad