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2026 DAILYLAW 7766 (ALL)

ANURAG SAINI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/37428/2025 · 2026-09-16

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37428 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Chandra Shekhar Kushwaha, learned Counsel for the applicants, Mr. Alok Kushwaha, learned Counsel for opposite party no.2 and learned AGA for the State and perused the records. 2. The present application under Section 528 BNSS has been filed by the applicants with the following prayer: "It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to consider the compromise dated 07.12.2024(Annexure no 4) entered between the parties and also quash the entire proceeding bearing case no 53567 of 2023, State vs Anurag Saini and others pending in the court of learned Civil Judge (J.D.)F.T.C./ Crime Against Women, Moradabad, in pursuance of the charge sheet dated 25.05.2023 and cognizance order dated 15 12.2023, in bearing case crime no 16 of 2023 under section 498A, 323, 504, 506, I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District- Moradabad." 3. Learned Counsel for the applicants has submitted that the applicants and opposite party no.2 have compromised the dispute. It is further argued that the said compromise has also been verified by the concerned Trial Court, as such the proceedings against the applicants may be quashed. 4. Learned counsel for opposite party no.2 admitted the fact of compromise and stated that he has no objection if the proceeding of the Versus Counsel for Applicant(s) : Chandra Shekhar Kushwaha Counsel for Opposite Party(s) : Alok Kushwaha, G.A. Anurag Saini And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) aforesaid case is quashed against the applicants. 5. From the perusal of the record it is apparent that parties have entered into compromise and have settled their dispute amicably. 6. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 7. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants. 8. The entire proceedings of the aforesaid case with regard to the present applicants are hereby quashed. 9. The present application is allowed. September 17, 2026 Vijay NA528 No. 37428 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad