Himanshu Dubey @ Om Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Himanshu Dubey @ Om Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) applicant to file the original deed of compromise dated 25.06.2024 before the court below within 15 days; (ii) court below to verify the compromise after summoning the parties within two months of receiving its copy; (iii) after verification, court below to dispose of the impugned proceeding in accordance with law; (iv) no coercive action against the applicant for two and a half months or till verification of the compromise, whichever is earlier; (v) liberty to file a fresh application under Section 528 BNSS on the basis of the verified compromise.

Issue for consideration

Whether the entire proceeding pursuant to the cognizance order dated 29.02.2024 and consequential orders in Case No. 63 of 2024 (arising out of Case Crime No. 324 of 2023) should be quashed under Section 528 BNSS, in view of the amicable settlement between the parties evidenced by the written compromise dated 25.06.2024.

Court's answer

Application disposed of with a direction to the applicant to file the original deed of compromise before the court below within a period of 15 days.

Ratio / Principle

If such compromise is filed, the court below shall verify it after summoning the parties within a period of two months from the date of receiving the copy of the compromise.

Key takeaways

After verification of the compromise, the court below shall dispose of the impugned proceeding in accordance with law.ratio¶19
Interim protection: for a period of two and a half months or till verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicant.ratio¶20
Applicants are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of the verified compromise.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS seeking quashing of the cognizance order dated 29.02.2024 and consequential orders in Case No. 63 of 2024 (State v. Himanshu Dubey @ Om and others), arising out of Case Crime No. 324 of 2023 under Sections 498A, 504, 506 IPC and Sections 3/4 D.P. Act, Police Station Baxa, District Jaunpur, in light of the parties' amicable settlement recorded in a written compromise dated 25.06.2024. Since the compromise was yet to be verified by the court below (as urged by the learned A.G.A.), the applicant was directed to file the original deed of compromise before the trial court within 15 days; the trial court to verify it after summoning the parties within two months of receiving its copy, and thereafter dispose of the impugned proceeding in accordance with law. Interim protection was granted: no coercive action against the applicant for two and a half months or until verification of the compromise, whichever is earlier, with liberty to file a fresh Section 528 BNSS application on the basis of the verified compromise.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16148 of 2026

Himanshu Dubey @ Om

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Viajy	Kumar Sharma
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Vijay Kumar Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application has been filed u/s 528 BNSS with a prayer to quash the entire proceeding of Cognizance order dated 29.02.2024 and other consequential orders in Charge Sheet No. 300 of 2023 submitted on 10.12.2023 in Case No. 63 of 2024 State Versus Himanshu Dubey @ Om and others arising out of Case Crime No. 324 of 2023 under Sections 498 A, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station-Baxa, District-Jaunpur pending in the Court of Additional Civil Judge (Senior Division) First/ Additional Chief Judicial Jaunpur.

Learned counsel for the applicant submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 25.06.2024 has also been entered into between them.

Per contra , learned A.G.A. has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicant may be directed to file aforesaid compromise before the court below for verification.

Considering the aforesaid submission, present application is disposed of with a direction to the applicant to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after

NA528 No. 16148 of 2026

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summoning the parties within a period of two months from the date of receiving the copy of compromise.

After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.

It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant.

It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.

April 22, 2026 Shivani Sri.

(Nand Prabha Shukla,J.)

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