JARIF KHAN AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/39368/2026 · 2026-09-15
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7615 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7615 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39368 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Rakesh Kumar Mishra, learned counsel for applicants, Sri Sumit Kumar Gupta, learned counsel for opposite party No.2 and learned AGA for the State. 2. The present application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to quash the charge sheet No.21/2026 dated 12.02.2026 and impugned summoning order dated 16.07.2026 passed by the learned Additional Civil Judge (Senior Division), Court No.7, Bareilly as well as entire proceedings of Criminal Case No.10295 of 2026 (State Vs. Jarif Khan & others), arising out of Case Crime No.588/2025, under sections 115(2), 352, 351(3), 85 B.N.S. & Section 3/4 Dowry Prohibition Act, 1961 Police Station Shahi, District Bareilly, pending before the learned Additional Civil Judge (Senior Division), Court No.7, Bareilly. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Court by filing this application with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 17.8.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 25.8.2026 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through Versus Counsel for Applicant(s) : Rakesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Jarif Khan And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
compromise their dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is 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 appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 5.
Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the charge sheet No.21/2026 dated 12.02.2026 and impugned summoning order dated 16.07.2026 passed by the learned Additional Civil Judge (Senior Division), Court No.7, Bareilly as well as entire proceedings of Criminal Case No.10295 of 2026 (State Vs. Jarif Khan & others), arising out of Case Crime No.588/2025, under sections 115(2), 352, 351(3), 85 B.N.S. & Section 3/4 Dowry Prohibition Act, NA528 No. 39368 of 2026 2
1961 Police Station Shahi, District Bareilly are hereby quashed. 9. This application under Section 528 B.N.S.S. is accordingly allowed. September 16, 2026 Md Faisal NA528 No. 39368 of 2026 3 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad