AVNISH YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/27455/2026 · 2026-09-20
Prashant Mishra I
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9300 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9300 (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. - 27455 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J.
1. Heard Mr. Istyak Khan, learned counsel for the applicants, learned A.G.A. for the State and Mr. Vinod Kumar Yadav, learned Advocate, holding brief of Mr. Adnan Aamir, learned counsel for opposite party No. 2. 2. Prayer of the applicants in the instant application is quoted herein below:
"It is, most respectfully prayed that the Hon'ble Court may most graciously be pleased to allow the application and quash the entire criminal proceedings of Criminal Case No.6448 of 2024, Khushbu Yadav Vs. Avnish Kumar Yadav and another, under Sections 6 of D.P.Act. Police Station-Kotwali, District-Ghazipur and also quash the summoning order dated 18.05.2024 (Annexure No.-1) passed in aforesaid case, pending in the Court of Chief Judicial Magistrate, Ghazipur, in pursuance of compromise dated 6.03.2026 filed by both the parties. It is further prayed that the Hon'ble Court may graciously be pleased to stay the further proceeding of Criminal Case No.6448 of 2024, Khushbu Yadav Vs. Avnish Kumar Yadav and another, under Sections 6 of D.P.Act, Police Station-Kotwali, District-Ghazipur, pending in the Court of Chief Judicial Magistrate, Ghazipur. Otherwise the Applicants will suffer from irreparable loss and injury. And/Or pass any order as the Hon'ble Court may deem just and proper under the circumstances of the case."
3. Learned counsel for the applicants and learned counsel for opposite party No. 2 jointly drew the attention of this Court on the order dated 13.07.2026 Versus Counsel for Applicant(s) : Istyak Khan, Sheikh Saaduddin Sazaly Counsel for Opposite Party(s) : Adnan Aamir, G.A. Avnish Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
passed by this Court, by which the learned trial court was directed to verify the terms and conditions of the compromise as well as status and identity of the parties and send its verification report. 4. In compliance of the aforesaid order of this Court, learned trial court has sent its verification report dated 27.07.2026 and the learned trial court has endorsed that the compromise was verified in the open court in presence of the parties. 5.
Learned counsel for the applicants and learned counsel for opposite party No. 2 jointly submitted that since it is a matrimonial dispute and the parties concerned have compromised the matter and the said compromise has been verified by the learned trial court, therefore, no fruitful purpose would be served if the prosecution is allowed to go on. 6. Learned Additional Government Advocate submits that both the parties have settled their dispute out of the court, hence, there is no reason to proceed further. 7. The Hon'ble Apex Court in the cases of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayanan, (2019) 5 SCC 688 had 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. 8. Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the parties, this Court is of the considered opinion that, since it is a matrimonial dispute and the parties have compromised the matter, therefore, no useful purpose would be served by prolonging the proceedings of the above mentioned case. 9. Accordingly, impugned summoning order dated 18.05.2024 passed against the applicants and the entire criminal proceedings of Criminal Case No.6448 of 2024, Khushbu Yadav Vs. Avnish Kumar Yadav and another, NA528 No. 27455 of 2026 2
under Sections 6 of D.P.Act. Police Station-Kotwali, District-Ghazipur, pending in the Court of Chief Judicial Magistrate, Ghazipur, are hereby quashed. 10. The instant application under Section 528 of the B.N.S.S. is accordingly allowed. 11. In case the terms and conditions of the compromise are violated by any of the parties, the aggrieved party may approach this Court.
September 21, 2026 Kashifa NA528 No. 27455 of 2026 3 (Prashant Mishra-I,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad