MOHD. SAJID AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/40800/2025 · 2026-09-30
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11064 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11064 (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. - 40800 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Ajit Dwivedi, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 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 19.07.2025, cognizance summoning order dated 28.08.2025 passed by learned Additional Judicial Magistrate, Court No. 6, Moradabad and the entire criminal proceeding of Case No. 44898 of 2025 (State vs. Mohd. Sajid and others), arising out of Case Crime No. 261 of 2025, under Sections 85, 115(2) 351(2) B.N.S. & 3/4 of Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of Rights on Divorce) Act, Police Station Munda Pande, District Moradabad. 3. Learned counsel for the applicants submits that the applicants and opposite party no. 2 have entered into a compromise and they have amicably settled their dispute outside the court and no dispute is pending between them, therefore, do not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed. He further submits that the applicant shall file compromise deed before the learned trial court for verification. 4. Learned A.G.A. for the State 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 he has no objection, if the parties approach trial court to file compromise deed in the given Versus Counsel for Applicant(s) : Ajit Dwivedi Counsel for Opposite Party(s) : G.A. Mohd. Sajid And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
circumstances. 5. Whether the parties have entered into compromise, can best be adjudicated by the trial court. As such, the parties may appear before the trial court and file a fresh compromise deed entered into between the parties within 30 days, which shall be verified by the trial court. The trial court shall place the original compromise deed in its record. 6. No compromise shall be entertained by the trial court if the informant/victim and accused are not signatories and appear before the court of its verification. In case of exigency, the trial court shall apply its mind and pass appropriate order. 7.
For a period of two months, the proceedings of the trial court shall be kept in abeyance, if the compromise is filed and verified within stipulated period, otherwise, the trial court shall continue with the trial in accordance with law. 8. All the parties, who files compromise deed and get it verified shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding. 9. In view of above, the application under Section 528 of the B.N.S.S. is accordingly disposed of. October 1, 2026 Md Faisal NA528 No. 40800 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad