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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37898 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Sri Rifaqat Husain, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today, which is taken on record. 2. Heard Sri Zainul Abdin, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State, Sri Rifaqat Husain, learned counsel for the opposite party no. 2 and perused the record. 3. The present application under Section 528 B.N.S.S. has been filed with the prayer to quash the cognizance/summoning order dated 19.09.2024, charge-sheet dated 01.07.2024 bearing charge-sheet No. 241 of 2024 and entire proceedings of Case No. 1361 of 2024, (State Vs. Rashid and others), arising out of Case Crime No. 253 of 2024, under Sections 498- A, 323, 324, 504 I.P.C and Section 3/4 of the Dowry Prohibition Act, Police Station Thakurdwara, District Moradabad, pending in the Court of Civil Judge (J.D)/Judicial Magistrate, Thakurdwara, Moradabad. 4. Learned counsel for the applicants submits that the applicants and opposite party no. 2 have entered into a compromise and they have amicably settled their dispute outside the court and no dispute is pending between them, therefore, does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed. He further submits that the applicants shall file compromise deed before the learned trial court for verification. 5. Learned counsel for the opposite party no. 2 and learned A.G.A. for the Versus Counsel for Applicant(s) : Zainul Abdin Counsel for Opposite Party(s) : G.A. Rashid And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
State submits that they have no objection if the parties approach trial court to file compromise deed in the given circumstances. 6. 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 and file the compromise deed entered into between the parties within 30 days, which shall be verified by the trial court. The trial court shall place the original compromise deed in its record. 7. No compromise shall be entertained by the trial court if the informant/victim 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. 8.
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 in accordance with law. 9. All the parties, who files compromise deed and get it verified shall then file a fresh joint application invoking inherent power of this Court to quash the criminal proceeding. 10. In view of above, the application under Section 528 B.N.S.S. is accordingly disposed of. September 16, 2026 Rmk. NA528 No. 37898 of 2026 2
(Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad