NA528/9642/2026 of SANOVAR KHAN AND 4 OTHERS Vs STATE OF UP AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9642 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Rakesh Kumar Bharti, learned counsel for the applicants, Mr. Rahul Kumar, 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 B.N.S.S. has been filed to allow the instant application and quash the entire proceeding of the impugned charge sheet dated 04.03.2020 as well as cognizance order dated 30.11.2020 passed by the Chief Judicial Magistrate, Jalaun at Orai in Case Crime No. 1338 of 2019, under Sections 498-A, 354, 323 I.P.C. & Section 3/4 D.P. Act and Section 3/4 (Muslim women protection of Marriage Right) Act, Police Station-Kotwali Orai, District-Jalaun against the applicant No.4 and Sections 498-A, 323 I.P.C. & 3/4 D.P. Act & Section 3/4 Muslim Women (the Protection of Right on Marriage), against the applicant Nos. 1, 2 & 3, pending before the Chief Judicial Magistrate, Jaluan at Orai in Case No. 3185 of 2020 (State Vs. Sanovar Khan and others) and to stay the further proceeding of the aforesaid case. 3. Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 23.12.2025, which has been placed as Annexure No. '5' to the present application. 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 counsel for the opposite party No. 2 does not dispute the submissions advanced by the learned counsel for the applicants or Versus Counsel for Applicant(s) : Rakesh Kumar Bharti Counsel for Opposite Party(s) : G.A., Rahul Kumar Sanovar Khan And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) correctness of the documents relied upon by him. 5. 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 accordance with law. 6. In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear in person 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. 7. 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. 8. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the aforesaid directions, this application is disposed of. March 25, 2026 Shivani NA528 No. 9642 of 2026 2 (Nand Prabha Shukla,J.)