Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 9094 (ALL)

KAMIL ABBAS AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/32829/2026 · 2026-09-22

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. - 32829 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Ms. Anita Singh, learned Counsel for the applicants 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 quash the impugned summoning order dated 8.5.2026 passed by the Ld A. C. J. M. court no. 6 Agra, U / s - 498A, 323, 504, 506 IPC and U / s - 3/4 of D.P. act and U / s - 3/4 of Muslim marriage act against applicant no. 1 and U/s- U/s- 498A, 323, 504, 506 IPC and U / s - 3/4 of D.P. act against applicant no. 2 and U / s - 498A, 323, 504, 506 and 354C, IPC and U / s - 3/4 of D.P. act against applicant no. 3 and U / s - 498A, 323, 504, 506 IPC and U / s - 3/4 of D.P. act, against applicant no. 4 as well as entire proceeding of criminal Case no. 10503 of 2026, state Vs. Kamil abbas and others, arising out of case crime no. 57 of 2025, U / s - 498A, 323, 504, 506 and 354C, IPC and U / s - 3/4 of D.P.act and U / s - 3/4 of Muslim marriage act, Police Station- Rakabganj, District- Agra, Against applicants pending before Ld A. C. J. M. court no. 6 Agra." 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. Versus Counsel for Applicant(s) : Anita Singh, Kumari Poonam Rajpoot, Prem Babu Verma Counsel for Opposite Party(s) : G.A. Kamil Abbas And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. admitted the fact of compromise and stated that he has no objection if the proceeding of the 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 23, 2026 Vijay NA528 No. 32829 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad