NA528/40181/2026 of DANISH AND 9 OTHERS Vs STATE OF U.P. AND ANOTHER on 28 September 2026

1. Heard Sri Krishna Kant Yadav, learned counsel for the applicants, Sri Jyoti Kumar Singh, 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 with the prayer to quash the impugned charge sheet No.06 of 2026 dated 27.01.2026 as well as cognizance/summoning order dated 12.05.2026 and entire proceedings of Case No.1219 of 2026, arising out of case Crime No.127 of 2026, under Sections 85, 115(2), 352, 351(2), 74 of the Bharatiya Nyaya Sanhita, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Right on Marriage), 2019, Police Station Bhot, District Rampur, pending in the court of Additional Chief Judicial Magistrate-III, Rampur.

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 Application under Section 528 BNSS No. 25755 of 2026 with the prayer to quash the proceedings in terms of compromise entered between the parties and this Court vide order dated 16.07.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 07.08.2026 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. Versus Counsel for Applicant(s) : Bhupendra Kumar Yadav, Krishna Kant Yadav Counsel for Opposite Party(s) : G.A. Danish And 9 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

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 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, impugned charge sheet No.06 of 2026 dated 27.01.2026 as well as cognizance/summoning order dated 12.05.2026 and entire proceedings of Case No.1219 of 2026, arising out of case Crime No.127 of 2026, under Sections 85, 115(2), 352, 351(2), 74 of the Bharatiya Nyaya Sanhita, Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Right on Marriage), 2019, Police Station Bhot, District Rampur, pending in the court of Additional Chief Judicial Magistrate-III, Rampur, are hereby quashed in terms of compromise.

8. This application under Section 528 B.N.S.S. is accordingly allowed. September 29, 2026 Rmk. NA528 No. 40181 of 2026 2

(Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad