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2026 DAILYLAW 318 (ALL)

PRAKASH GOVIND @ PRAKASH GOVIND SINGH PAL AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/2642/2026 · 2026-02-22

Nand Prabha Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 2642 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed to quash the entire proceeding of Complaint Case No. 464 of 2024, under Sections 115(2), 352, 351(2) and 76 B.N.S., Police Station-Bachhrayun, District-J.P. Nagar (Amroha) Smt. Poonam Pal Versus Prakash Govind and other pending in the Court of Judicial Magistrate, Court No. 4, J.P. Nagar (Amroha) as well as summoning order dated 09.10.2024 in terms of compromise. 3. Learned counsels for the parties submit that they have amicably settled their disputes vide compromise dated 05.01.2026, which has been placed as Annexure No. '3' to the present 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 counsel for the opposite party No. 2 does not dispute the submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him. 5. 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 with respect to compromise between the parties, which will be decided in Versus Counsel for Applicant(s) : Sandeep Kumar Srivastava Counsel for Opposite Party(s) : Brijesh Kumar Pandey, G.A. Prakash Govind @ Prakash Govind Singh Pal And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) accordance with law. 6. In view of above, without expressing any opinion on the merits of the case, both the parties 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. 7. 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. 8. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the aforesaid directions, this application is disposed of. February 23, 2026 Shivani NA528 No. 2642 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad