Mukarram @ Rinku and 5 Others vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2026)

Mukarram @ Rinku and 5 Others vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application disposed of with directions to both parties to appear in person before the Trial Court with the compromise deed and certified copy of the order within three weeks for verification of the compromise; Trial Court to record the parties' statements on fulfilment of the terms and pass appropriate orders preferably within three months; no coercive action against the applicants till verification; liberty to approach this Court again for quashing after verification.

Issue for consideration

Whether the entire proceedings of Session Trial No. 1486 of 2022 (State Vs. Mukarram @ Rinku and others), arising out of Case Crime No. 279 of 2016, should be quashed on the basis of the compromise dated 10.02.2025 between the applicants and the informant.

Court's answer

Without expressing any opinion on the merits, both parties are directed to appear in person before the Trial Court along with the compromise deed and certified copy of the order within three weeks; the Court concerned may fix a date for verification of the compromise and, after ensuring the presence of the parties, pass an appropriate order in accordance with law.

Ratio / Principle

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 of the original compromise deed have been fulfilled, and decide preferably within three months from production of a certified copy of the order, if there is no other legal impediment.

Key takeaways

The parties may obtain certified copy 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¶18
Till verification of the compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS seeking quashing of the entire proceedings of Session Trial No. 1486 of 2022 (State Vs. Mukarram @ Rinku and others), arising out of Case Crime No. 279 of 2016 under Sections 498-A, 323, 504, 506, 376, 511, 377 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Dankaur, District Gautam Buddh Nagar, founded on a compromise dated 10.02.2025 (signed 10.03.2025) between the applicants and the informant, arrived at in a proceeding under Section 125 Cr.P.C. 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 to verify the compromise, record the parties' statements on fulfilment of its terms, and pass appropriate orders preferably within three months. Till verification, no coercive action was to be taken against the applicants, with liberty to approach the Court again for quashing thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3887 of 2026

Mukarram @ Rinku And 5 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Vijay Pratap Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Mr. Vijay Pratap Singh, 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 quash the entire proceedings of Session Trial No. 1486 of 2022 (State Vs. Mukarram @ Rinku and others), pending before the Additional Sessions Judge/Fast Track Court, Second, Gautam Budh Nagar, arising out of Case Crime No. 279 of 2016, under Sections 498-A, 323, 504, 506, 376, 511, 377 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Dankaur, District Gautam Buddh Nagar on the basis of the Compromise dated 10.02.2025 executed between the applicants and informant of the present and signed on 10.03.2025, during the pendency of the present criminal misc. application before this Hon'ble Court.

Learned counsel for the applicants submits that the applicants and the opposite party No. 2 have settled the dispute through compromise dated 10.02.2025, placed as Annexure No. '8' to the present application in a proceeding under Section 125 of the Cr.P.C. which is signed on 10.03.2025. 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

NA528 No. 3887 of 2026

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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 .

March 30, 2026 Shivani

(Nand Prabha Shukla,J.)

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