Somesh Rastogi and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 1659 of 2026

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Somesh Rastogi 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. And Another .....Opposite Party(s) Counsel for Applicant(s) : Mayank Pandey 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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Sri Shailendra Yadav,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

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Heard learned counsel for the applicants, Sri Shailendra Yadav, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.

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The instant application has been filed with the prayer to quash impugned summoning order dated 10.12.2025, impugned charge sheet as well as further proceedings of Case No - 36603 of 2025, (State VsRamu Rastogit & others) arising out of Case Crime No 355 of 2025, Under Section 115 (2), 352, 351 (3), 85 Bhartiya Nagarik Suraksha Sanhita 2023 read with Section 3/4 Dowry Prohibition Act, Police Station Vishesherganj, District Bahraich, Uttar Pradesh, Pending in the Court of Additional Civil Judge (J.D.)/Additional Chief Judicial Magistrate, Ist Bahraich on the basis of compromise dated 10.4.2026 entered between the parties contained in annexure no.4 to this petition.

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Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding,

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NA528 No. 1659 of 2026

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2

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the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 10-04-2026, which has been annexed as annexure no. 4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.

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On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.

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Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

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Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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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

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NA528 No. 1659 of 2026

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3

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proceedings.

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For a period of three months, the proceedings initiated in pursuance of Case No - 36603 of 2025, (State VsRamu Rastogit & others) arising out of Case Crime No 355 of 2025, Under Section 115 (2), 352, 351 (3), 85 Bhartiya Nagarik Suraksha Sanhita 2023 read with Section 3/4 Dowry Prohibition Act, Police Station Vishesherganj, District Bahraich, Uttar Pradesh, Pending in the Court of Additional Civil Judge (J.D.)/Additional Chief Judicial Magistrate, Ist Bahraich, shall remain stayed so far as present applicants are concerned.

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The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order.

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Office is directed to return the copy of original compromise deed to learned counsel for the applicants within a week.

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(Shree Prakash Singh,J.)

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April 28, 2026 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Somesh Rastogi and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Somesh Rastogi and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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