KUNJ GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/40398/2026 · 2026-09-28
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11541 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11541 (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. - 40398 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Anand Priya Singh, learned Counsel for the applicants, Mr. Nawal Kishore Deo, learned Counsel for opposite party no.2 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 allow this application under section 528 B.N.S.S. and quash the entire Criminal proceeding on the basis of compromise dated 18.04.2026 filed in Criminal Case No. 4766 of 2022 (State V/s Kunj Gupta and others) with impugned charge sheet dated 27.06.2020 as well as impugned summoning order dated 04.04.2022 arising out of Case Crime No. 267 of 2019 U/s 498-A, 323, 504, 506 I.P.C. read with U/s 3/4 Dowry Prohibition Act, Police Station Haldharpur, District Mau, pending before in the court of Judicial Magistrate /FTC (CAW), Mau, District Mau."
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) : Anand Priya Singh Counsel for Opposite Party(s) : G.A., Nawal Kishore Deo Kunj Gupta And 2 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 a fresh 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. 40398 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad