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2026 DAILYLAW 11633 (ALL)

PRADEEP SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/49749/2025 · 2026-09-29

Prashant Mishra I

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 49749 of 2025 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. 1. Sri Gaurav Singh, learned Advocate holding brief of Sri Ravi Pandey, learned counsel for the applicants, Sri Suraj Pandey, learned counsel for the Opposite Party No. 2 and learned A.G.A. for the State are present. 2. The present application has been filed by applicants for setting aside the impugned summoning order dated 30.01.2023 passed by Judicial Magistrate, District Hathras, and the entire proceedings of Complaint Case No.4169 of 2022 (Rakhi Vs. Pradeep and others), under Sections 498A, 323, 506 IPC and Section 3/4 DP Act, Police Station- Hathras Junction, District- Hathras. 3. Learned counsel for the applicants drew the attention of this Court to the earlier order dated 12.12.2025 passed by this Court by which this Court sent the matter to trial court for verification of the parties and compromise application. In compliance of the said order, the learned trial court has sent its verification report dated 07.01.2026 vide which it has verified the parties as well as compromise application. He further submits that the 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. 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 counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the Versus Counsel for Applicant(s) : Ravi Pandey Counsel for Opposite Party(s) : Suraj Pandey, G.A. Pradeep Singh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5. Learned A.G.A. 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 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, 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. 7. 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. 8. Accordingly, the impugned summoning order dated 30.01.2023 passed by Judicial Magistrate, District Hathras, and the entire proceedings of Complaint Case No.4169 of 2022 (Rakhi Vs. Pradeep and others), under Sections 498A, 323, 506 IPC and Section 3/4 DP Act, Police Station- Hathras Junction, District- Hathras, is hereby quashed. 9. This application under Section 528 B.N.S.S. is accordingly allowed. September 30, 2026 Saurabh NA528 No. 49749 of 2025 2 (Prashant Mishra-I,J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad