NA528/9643/2026 of CHANDRABHAN SHARMA Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9643 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Rohit Kumar Pandey holding brief of Mr. Imtiaz Husain, learned counsel for the applicants, Mr. Pawan Kumar Shukla, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the Charge sheet dated 28.11.2022 and including cognizance order dated 31.01.2023 as well as entire Criminal proceedings in Criminal Case No.71377 of 2023 arising out of Case Crime No.178 of 2022 under sections 498A, 323, 504, 506 I.P.C. and D.P. Act of police station Mahila Thana District Ghaziabad pending in the Court of Civil Judge (Junior Division)/F.T.C. Court No.1, Ghaziabad. 3. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 19.12.2025, which has been placed as "Annexure No.-4" to the application and the opposite party No. 2 is residing at her matrimonial home. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. 4. Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in Versus Counsel for Applicant(s) : Raj Kumar, Virendra Kumar Maurya Counsel for Opposite Party(s) : G.A. Chandrabhan Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) accordance with law. 5. In view of above, without expressing any opinion on the merits of the case, the applicants and opposite party No. 2 are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. 6. The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the aforesaid directions, this application is disposed of. March 25, 2026 Aditya Tripathi NA528 No. 9643 of 2026 2 (Nand Prabha Shukla,J.)