NA528/41594/2026 of SHIV KUMAR AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER on 28 September 2026

1. Heard Sri Gyan Singh, Advocate holding brief of Sri Ajay Kumar, learned counsel for applicants and learned AGA for the State.

2. The present application under Section 528 of the B.N.S.S. has been filed by the applicants with a prayer to quash the charge sheet dated 21.12.2022 and entire proceedings of Criminal Case No.1238 of 2023 (State V/S Shivkumar and others), arising out of Case Crime No. 468 of 2022, under sections 498 A, 323, 504, 506, I.P.C. and 3/4 of Dowry Prohibition Act Police Station Muradnagar, District Ghaziabad, pending in the ACJM 6 Ghaziabad.

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 with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 12.5.2026 passed in Application U/S 528 BNSS No.19388 of 2026, directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 8.1.2024 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their dispute and as such opposite party no.2 does not wish to press the Versus Counsel for Applicant(s) : Ajay Kumar, Pawan Kumar Gupta Counsel for Opposite Party(s) : G.A. Shiv Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

6. 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.

7. 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.

8. Accordingly, the charge sheet dated 21.12.2022 and entire proceedings of Criminal Case No.1238 of 2023 (State V/S Shivkumar and others), arising out of Case Crime No. 468 of 2022, under sections 498 A, 323, 504, 506, I.P.C. and 3/4 of Dowry Prohibition Act Police Station Muradnagar, District Ghaziabad are hereby quashed in respect of present applicants. NA528 No. 41594 of 2026

9. This application under Section 528 of the B.N.S.S. is accordingly allowed. September 29, 2026 Md Faisal NA528 No. 41594 of 2026

(Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad