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2026 DAILYLAW 11396 (ALL)

SHAHNEWAZ AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/41583/2026 · 2026-09-28

Chawan Prakash

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41583 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Siddhartha Kumar Mishra, learned Counsel for the applicants and learned A.G.A.for the State. 2. The present application has been filed under Section 528 BNSS by the applicants with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to quash the order dated 21.06.2022 passed by the Additional Chief Judicial Magistrate, Court no.3 Moradabad summoning the Applicants under Section U / S - 498 A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, 1961 and also the entire proceedings of Criminal Case No. 44505 of 2022 emanating from Charge Sheet dated 19.12.2021, arising out of Case Crime No.379 of 2021 Police Station Mainather, District Moradabad pending before the Additional Chief Judicial Magistrate, Court no.3, Moradabad." 3. Learned Counsel for applicants submits that the applicants are innocent and have been falsely implicated in this case. Learned counsel for the applicants further submits that parties have amicably resolved their personal dispute, therefore, opposite party no.2 does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed in pursuance to compromise. 4. Learned A.G.A. for the State submits no objection if the parties approach Trial Court to file compromise in the given circumstances. Versus Counsel for Applicant(s) : Siddhartha Kumar Mishra Counsel for Opposite Party(s) : G.A. Shahnewaz And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 concerned and file the compromise entered into between the parties within 30 days, which shall be verified by the Trial Court. 6. No compromise shall be entertained by the Trial Court if the informant/victim/injured 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. 8. All the parties, who files compromise 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 B.N.S.S. is, accordingly, disposed of. September 29, 2026 Vijay NA528 No. 41583 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad