Mohammad Sharukh and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC26 Feb 2026A482/1887/2026

Case brief

AI extract

What is this about?

Section 482 quashing of criminal proceedings on compromise between parties; Case Crime No. 46 of 2022, Police Station Dubagga, District Lucknow; Sections 498-A, 323, 504, 506, 328, 376-D IPC; summoning/cognizance order dated 23-12-2022 by ACJM Court No. 30, Lucknow; compromise dated 29.01.2026 verified 13.03.2026; reliance on B.S. Joshi (2003) 4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303, Narindra Singh (2014) 6 SCC 466; matrimonial dispute amicably settled; proceedings quashed; application allowed.

What did the court decide?

Application allowed; the summoning/cognizance order dated 23-12-2022 and further criminal proceedings in Case Crime No. 46 of 2022 quashed; the compromise dated 29.01.2026 directed to form part of the order. ¶¶28

Mohammad Sharukh and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings arising out of Case Crime No. 46 of 2022, including the summoning/cognizance order dated 23-12-2022, ought to be quashed in view of the compromise dated 29.01.2026 between the parties.

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Court's answer

The Court found that a compromise had been entered into between the parties on 29.01.2026 and that it stood verified on 13.03.2026.

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Ratio / Principle

As per the statements of learned counsel for the parties, recorded by the Court, the parties did not want to press the criminal case relating to Case Crime No. 46 of 2022.

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Key takeaways

Further criminal proceedings in the aforementioned criminal case were held liable to be set aside in view of the Apex Court judgments in B.S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narindra Singh.ratio¶¶22
The criminal proceedings in Case Crime No. 46 of 2022 pending before the Additional Chief Judicial Magistrate, Court No. 30, Lucknow were quashed.ratio¶¶26

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) allowed an application u/s 482 by Mohammad Sharukh and 3 others and quashed the criminal proceedings in Case Crime No. 46 of 2022 (Sections 498-A, 323, 504, 506, 328, 376-D IPC, Police Station Dubagga, District Lucknow), including the summoning/cognizance order dated 23-12-2022 of the Additional Chief Judicial Magistrate, Court No. 30, Lucknow, because the parties had amicably settled their dispute by a compromise in writing dated 29.01.2026, verified on 13.03.2026 pursuant to the trial court's order dated 26.02.2026, leaving no grievance to be agitated; reliance was placed on the Supreme Court decisions in B.S. Joshi v. State of Haryana (2003) 4 SCC 675, Nikhil Merchant v. CBI (2008) 9 SCC 677, Manoj Sharma v. State (2008) 16 SCC 1, Gian Singh v. State of Punjab (2012) 10 SCC 303 and Narindra Singh v. State of Punjab (2014) 6 SCC 466. The compromise was directed to form part of the order. (Shree Prakash Singh, J.)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 1887 of 2026

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Mohammad Sharukh And 3 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko.

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.....Opposite Party(s) Counsel for Applicant(s) : Suresh Chandra Tiwari, Ajay Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 16

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HON'BLE SHREE PRAKASH SINGH, J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Vakalatnama filed by Ms. Shilpi Tiwari, Advocate on behalf of opposite party no.2 is taken on record.

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In compliance of the earlier order, the trial court has sent a verification report through email, which is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State, Ms. Shilpi Tiwari, learned counsel for the opposite party no.2 and perused the record.

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By means of the instant application, the applicants have prayed to quash the entire criminal proceeding of the summoning/ cognizance order dated 23-12-2022 passed by Learned Additional Chief Judicial Magistrate, Court No. 30, Lucknow, in Case Crime No.46 of 2022, U/S-498-A, 323, 504, 506, 328,376-D I.P.C., Police StationDubagga, District-Lucknow, pending before Learned Additional Chief Judicial Magistrate, Court No. 30, Lucknow, in the light of compromise dated 29.01.2026.

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The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and

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A482 No. 1887 of 2026

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thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 29.01.2026. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 26.02.2026, the verification was done and report has been submitted to this Court. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.46 of 2022 may be quashed.

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Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped.

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Learned counsel for the State has no objection to the contention aforesaid.

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Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 29.01.2026 and said compromise has been verified on 13.03.2026 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 46 of 2022.

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In view of the above, as the applicants and opposite parties have entered into compromise on 29.01.2026 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466

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Accordingly, criminal proceedings with regard to the summoning/ cognizance order dated 23-12-2022 passed by Learned Additional Chief

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A482 No. 1887 of 2026

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Judicial Magistrate, Court No. 30, Lucknow, in Case Crime No.46 of 2022, U/S-498-A, 323, 504, 506, 328,376-D I.P.C., Police StationDubagga, District-Lucknow, pending before Learned Additional Chief Judicial Magistrate, Court No. 30, Lucknow are hereby quashed.

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