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2026 DAILYLAW 7213 (ALL)

SAMEER AHMAD AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39066/2026 · 2026-09-15

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39066 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Rakesh Kumar Mishra, learned Counsel for the applicants, Mr. Sumit Kumr Gupta, learned Counsel, who has filed his vakalatnama in Court today on behalf of opposite party no.2, and learned A.G.A.for the State. The said vakalatnama is taken on record. 2. The present application has been filed under Section 528 BNSS by the applicants with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application and to quash/set aside the entire proceedings of Criminal Case No.30327/2026 [CNR No.UPMO-04034- 3672026) (State Vs. Jar Sameer Ahmad & others), arising out of Case Crime No. 165/2026, under sections 85, 74, 115(2), 351(2), 352 B.N.S. & Section 3/4 Dowry Prohibition Act, 1961 & Section 3/4 Muslim Woman (Protection of Rights on Marriage) Act, 2019 Police Station Majhola, District Moradabad pending before the learned Additional Chief Judicial Magistrate, Court No.4, Moradabad and also to quash the impugned charge sheet No.225/2026 dated 03.04.2026 submitted in the aforesaid case & the impugned summoning order dated 15.05.2026 passed by the learned Chief Judicial Magistrate, Moradabad in terms of compromise arrived between the parties dated 30.07.2026." 3. Learned Counsel for applicants submits that the applicants are innocent and have been falsely implicated in this case. Learned counsel for the applicants further submits that parties have amicably resolved their personal dispute, therefore, opposite party no.2 does not want to get adjudication of Versus Counsel for Applicant(s) : Rakesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Sameer Ahmad And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) alleged criminal act and prayed that the aforesaid criminal case may be quashed in pursuance to compromise. 4. Learned A.G.A. for the State submits no objection if the parties approach Trial Court to file compromise in the given circumstances. 5. Whether the parties have entered into compromise, can best be adjudicated by the Trial Court. As such, the parties may appear before the Trial Court concerned and file the compromise entered into between the parties within 30 days, which shall be verified by the Trial Court. 6. No compromise shall be entertained by the Trial Court if the informant/victim/injured and accused are not signatories and appear before the Court of its verification. In case of exigency, the Trial Court shall apply its mind and pass appropriate order. 7. For a period of two months, the proceedings of the Trial Court shall be kept in abeyance, if the compromise is filed and verified within stipulated period, otherwise, the Trial Court shall continue with the trial. 8. All the parties, who files compromise and get it verified, shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding. 9. In view of above, the application under Section 528 B.N.S.S. is, accordingly, disposed of. September 16, 2026 Vijay NA528 No. 39066 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad