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2026 DAILYLAW 346 (ALL)

SHAHBAZ AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9662/2026 · 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. - 9662 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Durgesh Kumar Pandey, learned counsel for the applicants, 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 charge-sheet dated 03.06.2024 as well as cognizance order dated 26.09.2024 and. entire proceedings of Case No. 17316 of 2024 (State vs. Shahbaz and others) under Section 498- A, 323, 504, 506 I.P.C. and 3/4 D.P.Act and 3/4 Musilim Marriage Act Police Station-Kithore, District-Meerut arising out of Case Crime No. 48 of 2024 under Section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P.Act and 3/4 Musilim Marriage Act Police Station-Kithore, District-Meerut pending in the court of Judicial Magistrate Court No. 3, Meerut, District Meerut. 3. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 31.01.2026, which has been placed as "Annexure No.-4" to the application. It has further been submitted that the opposite party No. 2 along with her husband is living at her matrimonial home. 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 with respect to compromise between the parties, which will be decided in Versus Counsel for Applicant(s) : Durgesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Shahbaz And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 Aditya Tripathi NA528 No. 9662 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad