Allahabad High Court
NA528/39975/2026 of NARAYAN DATT TRIPATHI AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER on 20 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39975 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Sudhakar Shukla, 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
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39975 of 2026
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
5
Decisions referred to
In this index
5
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Heard Mr. Sudhakar Shukla, 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 allow the present criminal misc. application and to quash the entire proceeding of Case No. 115174 of 2023 (State Vs. Narayan Datt Tripathi and others) arising out of Case Crime No. 870 of 2022, Under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Naubasta, District Kanpur Nagar as well as impugned charge sheet dated 12.05.2023 and impugned cognizance/summoning order dated 10.07.2023 passed by the learned Special Chief Judicial Magistrate Kanpur Nagar, on the basis of compromise dated 11.08.2026."
3. Learned Counsel for the applicants has submitted that the applicants and opposite party No.2 have compromised the dispute. The matter was sent for verification of compromise on 20.08.2026 in Application U/S 528 BNSS No. 34903 of 2026 before the Court concerned. It is further argued that the said compromise has been verified by the concerned Trial Court, which is annexed as Annexure 5 of this application, as such the proceedings against the applicants may be quashed.
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 in to Versus Counsel for Applicant(s) : Sudhakar Shukla Counsel for Opposite Party(s) : G.A. Narayan Datt Tripathi And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 are hereby quashed.
9. The present application is allowed.
September 21, 2026 Vijay NA528 No. 39975 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad