NA528/18716/2026 of SHASHANK SHARMA AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18716 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Yogendra Gupta, holding brief of Mr. Chandan Singh, learned counsel for the applicants, Mr. Krishna Pratap Singh, 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 with a prayer to quash the entire proceeding of Criminal Case No. 7037 of 2019 (State Vs. Shashank Sharma and others) arising out of Case Crime No. 551 of 2018, under Sections 498-A, 452, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station-Majhola, District-Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.4, Moradabad, in the light of compromise dated 30.03.2026 arrived between the parties. 3. Learned counsel for the applicants submits that the parties have amicably settled their disputes vide Memorandum of Understanding dated 30.03.2026, which has been placed as Annexure No. '6' 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 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 Versus Counsel for Applicant(s) : Chandan Singh Counsel for Opposite Party(s) : G.A., Krishna Pratap Singh, Parth Sarthi Tripathi, Suman, Vishal Pandey Shashank Sharma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 Memorandum of Understanding 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. May 6, 2026 Shivani Sri. NA528 No. 18716 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad