NA528/13109/2026 of SHIVAM AND ANOTHER Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13109 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Abhishek Kumar Shukla, learned counsel for the applicants, learned AGA 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 entire proceeding of Case No.41 of 2024 (State v. Shivam and others), charge sheet dated 08.05.2024, arising out of Case Crime No.41 of 2024, under Section 498A, 323, 324, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Dankaur, District-Gautam Buddha Nagar as well as impugned cognizance/summoning order dated 01.10.2024, pending in the court of learned Additional Chief Judicial Magistrate-III, Gautam Buddha Nagar on the basis of compromise dated 27.02.2026.  3. Learned counsel for the applicants that the applicants have paid the entire amount to opposite party No. 2 and parties have settled the dispute through compromise dated 27.02.2026 which has been placed as "Annexure No.-3" to the 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 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) : Abhishek Kumar Shukla Counsel for Opposite Party(s) : G.A. Shivam And Another .....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. April 1, 2026 Aditya Tripathi NA528 No. 13109 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad