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2026 DAILYLAW 1130 (ALL)

MOHD JAMEER v. STATE OF U.P. AND ANOTHER

NA528/16499/2026 · 2026-04-22

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16499 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mohd. Akram, 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/stay the impugned charge sheet dated 25-02-2025 as well as cognizance order dated 11-11-2025 in Criminal Case No.156070 of 2025 (State Vs Mohd. Jameer) in Case Crime No.43/2025 under Sections 85, 115(2), 351(2) B.N.S. (Corresponding sections 498-A, 323, 506 I.P.C.) and section 3/4 D.P. Act and section Muslim Women (Protection of Right on Marriage) Act, 2019 and section 66E of Information Technology Amendment Act 2008, Police Station Babupurwa, District - Kanpur Nagar, pending in the Court of Judicial Magistrate-10, Kanpur Nagar. 3. Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled their disputes through compromise dated 08.07.2024 which has been placed as Annexure No. "2" to the application. 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 Versus Counsel for Applicant(s) : Mohd. Akaram Counsel for Opposite Party(s) : G.A. Mohd Jameer .....Applicant(s) State of U.P. and Another .....Opposite Party(s) decided in accordance with law. 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 deed 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. April 23, 2026 Puspendra NA528 No. 16499 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad