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2026 DAILYLAW 11164 (ALL)

SANJAY SHUKLA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29314/2026 · 2026-09-28

Prashant Mishra I

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29314 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. 1. Supplementary-affidavit filed by learned counsel for the applicants, is taken on record. 2. Heard Sri Arun Kumar Singh, learned counsel appearing for the applicants and learned Additional Government Advocate appearing for the State. 3. The instant application under Section 528 of the B.N.S.S., 2023 has been filed with a prayer to quash the entire proceeding of Complaint Case No. 5548 of 2019 (Smt. Swati Awasthi Versus Sanjay Shukla and others) u/s 498-A, 323, 504 of I.P.C and Section 3/4 Dowry Prohibition Act, Police Station Rail Bazar, District Kanpur Nagar, pending in the Court of Judicial Magistrate 7th Kanpur Nagar, on the basis of compromise dated 15.05.2026. 4. Learned counsel for the applicant drew attention of this Court on the order passed by this Court on 29.07.2026 by which learned trial court was directed to verify the status and identities of the parties and compromise so entered between them and thereafter send its report. In compliance thereof, the learned trial court has sent its report dated 13.08.2026, according to which, compromise between the parties had been verified by the learned trial court. It has further been contended that applicants and Opposite Party No. 2 have compromised the matter and opposite party No. 2 does not want to proceed the matter against the applicants. The Opposite Party No. 2 is ready to withdraw the criminal prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. Versus Counsel for Applicant(s) : Arun Kumar Singh Counsel for Opposite Party(s) : G.A. Sanjay Shukla And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned Additional Government Advocate submits that both the parties have settled their dispute out of the court, hence, there is no reason to proceed further. 6. The Hon'ble Apex Court in the cases of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688 had categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278] , in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 7. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the learned counsels for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 8. Accordingly, the entire proceeding of Complaint Case No. 5548 of 2019 (Smt. Swati Awasthi Versus Sanjay Shukla and others) u/s 498-A, 323, 504 of I.P.C and Section 3/4 Dowry Prohibition Act, Police Station Rail Bazar, District Kanpur Nagar, pending in the Court of Judicial Magistrate 7th Kanpur Nagar, on the basis of compromise dated 15.05.2026, are hereby quashed. 9. This application under Section 528 of the B.N.S.S., 2023 is accordingly allowed. September 29, 2026 A. Mandhani NA528 No. 29314 of 2026 2 (Prashant Mishra-I,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad