Noshad and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Noshad and 4 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Directions to both parties to appear in person before the Trial Court with the compromise deed and certified copy of the order within three weeks; Trial Court to verify the compromise, record the parties' statements on fulfilment of its terms, and pass an appropriate order in accordance with law, preferably within three months; no coercive action against the applicants till verification of compromise; liberty to approach this Court again for quashing after verification.

Issue for consideration

Whether the entire proceedings of Case No. 3351 of 2022 (State of U.P. Vs. Noshad and others) arising out of Case Crime No. 702 of 2021, including the charge sheet dated 17.04.2022 and cognizance order dated 02.02.2022, should be quashed in view of the compromise deed dated 02.12.2025 between the parties.

Court's answer

Without expressing any opinion on the merits of the case, both parties were directed to appear in person before the Trial Court along with the compromise deed and a certified copy of the order within three weeks.

Ratio / Principle

The Trial Court was expected to fix a date for verification of the compromise, ensure the presence of the parties, and pass an appropriate order in accordance with law as expeditiously as possible, preferably within three months of production of a certified copy of the order, after giving opportunity of hearing to both parties; while verifying the compromise, the Court shall also record the statements of the parties as to whether all terms and conditions of the original compromise deed have been fulfilled.

Key takeaways

The parties will be allowed to obtain a certified copy of the verification report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶18
As interim protection, till verification of the compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶19
With the aforesaid directions, the application under Section 528 BNSS was disposed of.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) — Application U/S 528 BNSS No. 15722 of 2026, Noshad & 4 others v. State of U.P. & another, decided April 20, 2026. Applicants sought quashing of the entire proceedings of Case No. 3351 of 2022 (State of U.P. Vs. Noshad and others) arising out of Case Crime No. 702 of 2021 under Sections 498-A, 323, 506 IPC and 3/4 DP Act at Police Station Deoband, District Saharanpur, including the charge sheet dated 17.04.2022 and cognizance order dated 02.02.2022, on the basis of a compromise deed dated 02.12.2025. The Court, without expressing any opinion on the merits, disposed of the application with directions: both parties to appear in person before the Trial Court with the compromise deed and certified copy of the order within three weeks; the Trial Court to fix a date for verification of the compromise, record the parties' statements on whether all terms of the compromise deed have been fulfilled, and pass an appropriate order in accordance with law, preferably within three months; no coercive action against the applicants till verification; liberty reserved to the applicants to approach the High Court again for quashing after verification. No precedent cited; no opinion expressed on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15722 of 2026

Noshad And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Dhiraj Kumar Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Dhiraj Kumar Pandey, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed to quash the entire proceedings of Case No. 3351 of 2022 (State of U.P. Vs. Noshad and others) arising out of Case Crime No. 702 of 2021 under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act at Police Station-Deoband, District-Saharanpur, against charge sheet dated 17.04.2022 as well as cognizance order dated 02.02.2022 submitted in the aforesaid sections in terms of compromise deed dated 02.12.2025.

Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 02.12.2025, which has been placed as Annexure No. '4' 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.

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.

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

NA528 No. 15722 of 2026

2

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.

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.

Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

With the aforesaid directions, this application is disposed of .

April 20, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad