Allahabad High Court
NA528/42613/2025 of OMVEER AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER on 20 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42613 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Shivam Kumar Pal, learned Counsel for the applicantsb and learned AGA for the State and perused the records. 2. The present application under Section 528 BNSS has been
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42613 of 2025
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
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1. Heard Mr. Shivam Kumar Pal, learned Counsel for the applicantsb 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 the Hon'ble court may graciously be pleased to the quash the entire proceeding of Case No. 34072 of 2024 (State Vs. Omveer and others) under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Mahuwa Kheda, District-Aligarh and impugned summoning order dated 29.08.2024 as well as Charge Sheet No.33 of 2024 dated 10.02.2024 arising out of Case Crime No.83 of 2022, under Section 498A, 323, 504 and 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Mahuwa Kheda, District-Aligarh pending in the Court of learned Additional Civil Judge (Junior Division)-II, Aligarh in term of the compromise-Matrimonial Divorce Petition No.645 of 2025 (Omveer Vs. Smt. Sheetal Jadaun), under Section 13B of Hindu Marriage Act pending before the chief Judicial Magistrate, Aligarh, filed by the parties."
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.
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 Versus Counsel for Applicant(s) : Nitin Pal, Shivam Kumar Pal, Shobhit Sharma Counsel for Opposite Party(s) : G.A. Omveer And 3 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 with regard to the present applicants are hereby quashed.
9. The present application is allowed.
September 21, 2026 Vijay NA528 No. 42613 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad