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2026 DAILYLAW 7851 (ALL)

SHIV PRATAP SHUKLA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/2488/2026 · 2026-09-14

Chawan Prakash

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 2488 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Ved Prakash Mishra, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed for quashing the entire proceedings of Criminal Case No. 66 of 2021 (State Vs. Shiv Pratap Shukla and others), under Sections 498A, 323, 504, 506, 406 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Prayagraj, arising out of Case Crime No. 412 of 2019, pending in the court of learned Civil Judge (J.D.)/F.T.C., Court No.21, Prayagraj on the basis of compromise dated 09.12.2025 as well as application on 02.01.2026. 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 under Section 528 BNSS with prayer to quash the proceedings in terms of compromise entered between the parties and this Court vide order dated 02.02.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 13.02.2026 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 have settled their dispute through compromise 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 Versus Counsel for Applicant(s) : Arun Kumar Srivastava, Ved Prakash Mishra Counsel for Opposite Party(s) : G.A., Vijai Kumar Tiwari Shiv Pratap Shukla And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned counsel for the opposite party no. 2 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, entire proceedings of Criminal Case No. 66 of 2021 (State Vs. Shiv Pratap Shukla and others), under Sections 498A, 323, 504, 506, 406 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Prayagraj, arising out of Case Crime No. 412 of 2019, pending in the court of learned Civil Judge (J.D.)/F.T.C., Court No.21, Prayagraj, are hereby quashed in terms of compromise dated 09.12.2025 as well as application on 02.01.2026. 8. This application under Section 528 B.N.S.S. is accordingly allowed. September 15, 2026 v.k. updh. NA528 No. 2488 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad