NA528/39921/2026 of MOHD. AZAM AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER on 20 September 2026

1. Heard Mr. Mohd Farhan Siddiqui, 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 (U/s 528 of B.N.S.S.) and to Quash/drop the entire Criminal Proceeding initiated against the Applicants arising out of Case No. 1678 of 2021 (State Vs. Mohd. Yusuf And Others) relating to Case Crime No. 544 of 2021 Under Section 498-A, 504, 377, I.P.C. And Section 3/4 D.P. Act and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act 2019, Police Station Karely, district Prayagraj, Pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 7 Allahabad as well as Quash the Impugned Charge-sheet No. 613/21 dated 03/10/2021 (Annexure No. 4) submitted by the Police in Case Crime No. 544 of 2021 as well as Impugned Cognizance-Cum-Summoning Order dated 11/10/2021 (Annexure No. 5) Passed by learned Judicial Magistrate, Court No. 4 Allahabad against the Applicants in the aforesaid Case."

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) : Mansoor Ahmad, Mohd Farhan Siddiqui Counsel for Opposite Party(s) : G.A. Mohd. Azam And 2 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 21, 2026 Vijay NA528 No. 39921 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad