Dilshad and 10 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Dilshad and 10 Others 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: both parties to appear in person before the Trial Court (Additional Chief Judicial Magistrate-VI, Ghaziabad) with the compromise deed and certified copy of the order within three weeks; Trial Court to verify the compromise, record 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 the compromise; liberty to approach the High Court again for quashing after obtaining certified copy of the report and compromise.

Issue for consideration

Whether the entire proceedings arising out of Case Crime No. 165 of 2005 (sections 498A, 323 I.P.C. and 3/4 D.P. Act), including the charge sheets dated 21.09.2005 and 24.03.2006 and summoning orders dated 28.09.2005 and 18.04.2006, should be quashed in view of the compromise dated 12.02.2026 between the applicants and opposite party no.2

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 certified copy of the order within three weeks

Ratio / Principle

The Court concerned is expected to fix a date for verification of the compromise and, after ensuring the presence of the parties and giving opportunity of hearing to both sides, pass an appropriate order in accordance with law, preferably within three months from production of the certified copy, while also recording the statements of the parties as to whether all terms and conditions of the original compromise deed have been fulfilled

Key takeaways

The applicants were granted liberty to obtain a certified copy of the verification report and the compromise, and to approach this Court again for quashing of the proceedingsratio¶14
Interim protection: till verification of the compromise by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid caseratio¶15
The application was disposed of without expressing any opinion on the merits of the case; the question whether the compromise was in fact entered into was left to the Trial Court to verify

Detailed headnote1 paragraphs

Quashing — Section 528 BNSS — compromise between parties — Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 B.N.S.S. seeking quashing of the entire proceedings in Case Crime No. 165 of 2005 (sections 498A, 323 I.P.C. and 3/4 D.P. Act, P.S. Murad Nagar, District Ghaziabad), including charge sheets dated 21.09.2005 and 24.03.2006 and summoning orders dated 28.09.2005 and 18.04.2006, pending before the Additional Chief Judicial Magistrate-VI, Ghaziabad, on the basis of a compromise dated 12.02.2026 between the applicants and opposite party no.2. Without expressing any opinion on the merits, the Court directed 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 was expected 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. Till verification of the compromise, no coercive action was to be taken against the applicants, with liberty to approach the High Court again for quashing thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16554 of 2026

Dilshad And 10 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Syed Ali Imam
Counsel for Opposite Party(s)		: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Syed Ali Imam, 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 allow this application and to quash the entire proceedings, including the charge sheets dated 21.09.2005 and 24.03.2006, as well as their respective summoning orders dated 28.09.2005 and 18.04.2006, arising out of Case Crime No. 165 of 2005, Crl. Case No. 6845 of 2021 (Old Case No. 2685 of 2005), under sections 498A, 323 I.P.C. and 3/4 D. P. Act, Police Station Murad Nagar, District Ghaziabad, presently pending before the Additional Chief Judicial Magistrate-VI, Ghaziabad.

Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled their disputes through compromise dated 12.02.2026 which has been placed as Annexure No. "5" 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.

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.

NA528 No. 16554 of 2026

2

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 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.

(Nand Prabha Shukla,J.)

April 23, 2026 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad