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2026 DAILYLAW 234 (ALL)

PARAS @ ANKUR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11468/2026 · 2026-03-24

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11468 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Vishvanath Prasad, learned counsel for the applicants, Ms. Shweta Sharma, learned Advocate holding brief of Mr. Amit Kumar, learned counsel for the opposite party No. 2 and learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the impugned charge sheet No. 216 of 2024 dated 19.06.2024 and 216A of 2024 dated 23.05.2025 as well as cognizance order dated 05.07.2025 in Session Trial No. 2248 of 2025 (State versus Paras @ Ankur and others) arising out of Case Crime No. 291 of 2024 under Sections 498-A, 313, 323, 324, 506 I.P.C. & 3/4 D.P. Act against applicant no. 1 and under Sections 498-A, 323, 324, 506 I.P.C. & Section 3/4 D.P. Act, against applicant nos, 2 & 3 at Police Station-Najibabad, District-Bijnor pending in the court of learned Additional District & Session Judge/F.T.C. 1st Bijnor on the basis of compromise dated 17.02.2026. 3. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 17.02.2026, 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 Versus Counsel for Applicant(s) : Kalpita Yadav, Vishvanath Prasad Counsel for Opposite Party(s) : Amit Kumar, G.A. Paras @ Ankur And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) with respect to compromise between the parties, which will be decided in accordance with law. 5. In view of above, without expressing any opinion on the merits of the case, the applicants and opposite party No. 2 are directed to appear 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. March 25, 2026 SY NA528 No. 11468 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad