Mohd Aasim and 3 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2026)

Mohd Aasim and 3 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: applicants and opposite party No. 2 to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; Trial Court to verify the compromise in accordance with law, recording parties' statements on fulfilment of its terms, preferably within three months; no coercive action against the applicants till verification; liberty to approach this Court again for quashing thereafter.

Issue for consideration

Whether the entire proceedings in Criminal Case No. 4952 of 2025 (Old Case No. 9148 of 2021), arising out of Case Crime No. 64 of 2021, including the charge sheet dated 22.06.2021 and summoning order dated 10.08.2021, should be quashed in view of the compromise dated 26.03.2026 between the parties.

Court's answer

Without expressing any opinion on the merits, the applicants and opposite party No. 2 were directed to appear 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 and pass an appropriate order in accordance with law, expeditiously and preferably within three months of production of the certified copy, if there is no other legal impediment.

Ratio / Principle

While passing the order verifying the compromise, the Trial Court shall also record the statements of the parties as to whether all the terms and conditions of the original compromise deed have been fulfilled.

Key takeaways

After verification, the parties may obtain certified copies of the report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶14
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.ratio¶15

Detailed headnote1 paragraphs

Quashing petition under Section 528 BNSS (Allahabad High Court) seeking quashing of entire proceedings in Criminal Case No. 4952 of 2025 (Old Case No. 9148 of 2021), arising out of Case Crime No. 64 of 2021 under Sections 498A, 323, 504 I.P.C. and 3/4 D. P. Act, Police Station Vijay Nagar, District Ghaziabad, including charge sheet dated 22.06.2021 and summoning order dated 10.08.2021, on the basis of a compromise dated 26.03.2026 between the parties. Held: without expressing any opinion on the merits, the applicants and opposite party No. 2 were directed to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; the Trial Court to verify the compromise, record the parties' 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. Till such verification, no coercive action was to be taken against the applicants, with liberty reserved to approach the High Court again for quashing after obtaining certified copies of the report and compromise. Application disposed of (Nand Prabha Shukla, J., April 23, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16657 of 2026

Mohd Aasim And 3 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 Mr. 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 BNSS has been filed with a prayer to allow this application and quash the entire proceedings, including the charge sheet dated 22.06.2021 as well as summoning order dated 10.08.2021, Criminal Case No. 4952 of 2025 (Old Case No. 9148 of 2021), arising out of Case Crime No. 64 of 2021, under Sections 498A, 323, 504 I.P.C. and 3/4 D. P. Act, Police Station Vijay Nagar, District Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No.5, Ghaziabad.

Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 26.03.2026, 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 decided in accordance with law.

NA528 No. 16657 of 2026

2

In view of above, without expressing any opinion on the merits of the case, the applicants and opposite party No. 2 are directed to appear 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 Aditya Tripathi

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad