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2026 DAILYLAW 6530 (ALL)

UMMIDALAM URF BALLE AND 4 OTHERS v. STATE OF U.P AND 2 OTHERS

NA528/35258/2026 · 2026-09-10

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35258 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Ajendra Kumar, Advocate holding brief of Sri Ravindra Singh, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State, Sri Dwijendra Prasad, learned counsel for the opposite party nos. 2 and 3 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed with the prayer to quash the charge sheet No. 170 of 2007 and 170A of 2007 dated 24.11.2007 & 27.11.2007, cognizance order dated 16.02.2008 and entire criminal proceedings of Case Nos.285 of 2008 & 821 of 2012 (State vs. Ummidalam @ Balle and others), arising out of Case Crime No. 353 of 2007, under Sections 498A, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ramgarh, District Firozabad, pending in court of Additional Chief Judicial Magistrate Shikohabad, Firozabad, in pursuance of compromise deed dated 17.12.2024 . 3. Learned counsel for the applicants submitted that applicants and opposite party nos.2 and 3 have amicably settled their dispute out of the Court. Applicants approached this Court by filing Application under Section 528 BNSS No. 16673 of 2025 with the prayer to quash the proceedings in terms of compromise entered between the parties and this Court vide order dated 13.05.2025 directed the parties to appear before the trial court for verification of the parties and compromise application and the learned trial court was directed to verify the said compromise deed. Trial court vide order dated 15.07.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party nos.2 and 3 have settled their dispute through compromise and, as such, opposite party nos.2 and 3 do not wish to press the aforesaid case against the applicants. Opposite party Versus Counsel for Applicant(s) : Ravindra Singh Counsel for Opposite Party(s) : Dwijendra Prasad, G.A. Ummidalam Urf Balle And 4 Others .....Applicant(s) State Of U.P And 2 Others .....Opposite Party(s) nos.2 and 3 are 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 for the opposite party nos. 2 and 3 and learned A.G.A. submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 5. 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, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and 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. 6. 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. 7. Accordingly, charge sheet No. 170 of 2007 and 170A of 2007 dated 24.11.2007 & 27.11.2007, cognizance order dated 16.02.2008 and entire criminal proceedings of Case Nos.285 of 2008 & 821 of 2012 (State vs. Ummidalam @ Balle and others), arising out of Case Crime No. 353 of 2007, under Sections 498A, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ramgarh, District Firozabad, pending in court of Additional Chief Judicial Magistrate Shikohabad, Firozabad, are hereby quashed in terms of compromise. 8. This application under Section 528 B.N.S.S. is accordingly allowed. September 11, 2026 Rmk. NA528 No. 35258 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad