Asraf Ali and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Asraf Ali and 2 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: parties to appear before the Trial Court for verification of the compromise dated 07.02.2025; Trial Court to pass an appropriate order in accordance with law expeditiously; no coercive action against the applicants till verification of the compromise; liberty reserved to the applicants to approach this Court again for quashing after the verification report.

Issue for consideration

Whether the charge sheet dated 23.08.2021, the cognizance/summoning order dated 27.10.2021 and the consequential proceedings in Case Crime No. 151 of 2019 should be quashed on the basis of the compromise dated 07.02.2025 between the applicants and opposite party no.2.

Court's answer

Without expressing any opinion on the merits, both parties were directed to appear in person before the Trial Court with the compromise deed and certified copy of the order within three weeks; the court concerned is expected to fix a date, verify the compromise after ensuring the parties' presence and recording their statements on fulfilment of the terms of the compromise deed, and pass an appropriate order in accordance with law, preferably within three months of production of the certified copy, if there is no other legal impediment.

Ratio / Principle

As an interim measure, no coercive action shall be taken against the applicants in the aforesaid case until the compromise is verified by the court concerned.

Key takeaways

The parties may obtain certified copies 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¶¶16

Detailed headnote1 paragraphs

Quashing petition under S. 528 BNSS seeking quashing of charge sheet dated 23.08.2021 and cognizance/summoning order dated 27.10.2021 in Case Crime No. 151 of 2019 (Ss. 498-A, 323, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, Meerut) on the basis of compromise dated 07.02.2025: HELD, without expressing any opinion on merits, the parties were directed 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 verify the compromise after recording the parties' statements on fulfilment of its terms and pass an appropriate order in accordance with law, preferably within three months; till such verification, no coercive action was to be taken against the applicants; liberty granted to approach the High Court afresh for quashing after the verification report. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16572 of 2026

Asraf Ali And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Zulekha Begum
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Ms. Zulekha Begum, 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 impugned charge sheet dated 23.08.2021 as well as Cognizance/Summoning order dated 27.10.2021 passed by Civil Judge (J.D.) (F.T.C.) Offences Against women, District Meerut on the basis of Compromise in Case No.18084/2021 (State Vs. Asraf) arising out of Case Crime No. 151 of 2019 under Sections 498-A, 323, 506, I.P.C., & 3/4 D.P. Act, Police Station Mahila Thana, District Meerut against the applicants, pending before Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.6, District Meerut.

Learned counsel for the applicants submits that the applicants and opposite party no.2 have amicably settled their disputes through compromise dated 07.02.2025 which has been placed as Annexure No. "4" 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

NA528 No. 16572 of 2026

2

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 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