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2026 DAILYLAW 11426 (ALL)

SOMIT SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39457/2025 · 2026-09-28

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39457 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Ashish Pandey, learned counsel for applicants and learned AGA for the State. 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 26.07.2023 along with summoning/cognizance orders dated 05.09.2023 passed by Additional Civil Judge (S.D.), Court No.4, Ghaziabad and the entire proceeding of Case No.7999 of 2023 (State vs. Brijesh Sharma and Others), arising out of Case Crime no. 100 of 2023, under Sections 498A, 323, 504 of I.P.C. and 3/4 of Dowry Prohibition Act 1961, Police Station Murad Nagar, District Rural (Commissionarate Ghaziabad), pending in the court of Additional Civil Judge (S.D.)/A.C.J.M, Court No.5, Ghaziabad. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Court by filing this application with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 13.10.2025 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 10.11.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further Versus Counsel for Applicant(s) : Ashish Pandey Counsel for Opposite Party(s) : G.A. Somit Sharma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) submitted that applicants and opposite party no.2 have settled through compromise their dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned AGA 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 proceedings in the aforesaid case are quashed. 5. The Hon'ble Apex Court in the case 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, wherein Hon'ble Apex Court has 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. 6. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel 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. 7. Accordingly, the charge sheet dated 26.07.2023 along with summoning/cognizance orders dated 05.09.2023 passed by Additional Civil Judge (S.D.), Court No.4, Ghaziabad and the entire proceeding of Case No.7999 of 2023 (State vs. Brijesh Sharma and Others), arising out of Case Crime no. 100 of 2023, under Sections 498A, 323, 504 of I.P.C. and 3/4 of Dowry Prohibition Act 1961, Police Station Murad Nagar, District Rural (Commissionarate Ghaziabad) are hereby quashed in respect of present applicants. NA528 No. 39457 of 2025 2 8. This application under Section 528 of the B.N.S.S. is accordingly allowed. September 29, 2026 Md Faisal NA528 No. 39457 of 2025 3 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad