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

Mohd Saleem 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: parties 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, record the parties' statements on fulfilment of its terms, and pass an appropriate order 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 Criminal Case No. 488 of 2022, arising out of Case Crime No. 313 of 2021 (Sections 498A, 323, 504, 506 IPC and Section 3/4 DP Act, Police Station Bisalpur, District Pilibhit), along with the summoning order dated 16.4.2022 and charge sheet dated 19.12.2021, should be quashed in view of the compromise said to have been entered into between the parties.

Court's answer

Without expressing any opinion on the merits, both parties were directed to appear before the Trial Court with the compromise deed and a certified copy of the order within three weeks; the Trial Court was expected to fix a date for verification of the compromise, ensure the presence of the parties, record their statements as to whether all terms of the original compromise deed have been fulfilled, 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

Upon verification of the compromise, 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.

Key takeaways

As interim protection, 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¶20

Detailed headnote1 paragraphs

Quashing sought under Section 528 BNSS of proceedings in Criminal Case No. 488 of 2022 (Case Crime No. 313 of 2021) under Sections 498A, 323, 504, 506 IPC and Section 3/4 DP Act, Police Station Bisalpur, District Pilibhit, along with the summoning order dated 16.4.2022 and charge sheet dated 19.12.2021, on the basis of a compromise dated 2.4.2026 between the parties. Held (Nand Prabha Shukla, J.): without expressing any opinion on the merits, the parties 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 its terms, and pass an appropriate order in accordance with law, preferably within three months. Till verification, no coercive action against the applicants; liberty reserved to approach the High Court again for quashing after verification. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41050 of 2025

Mohd Saleem And 3 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Dileep Kumar : G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Supplementary affidavit filed by learned counsel for the applicants and Vakalatnama filed by Shri Jay Prakash Yadav, learned counsel for the opposite party no.2 are taken on record.

Heard Sri Dileep Kumar, learned counsel for the applicants, Shri Jay Prakash, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.

The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and quash the entire proceedings of Criminal Case No. 488 of 2022, arising out of Case Crime No. 313 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Bisalpur, District Pilibhit pending in the Court of Judicial Magistrate, Bisalpur as well as impugned summoning order dated 16.4.2022 and charge sheet dated 19.12.2021 in the aforesaid case.

Learned counsel for the applicants submit that the parties have amicably settled their disputes through compromise dated 2.4.2026 which has been placed as Annexure No. SA-1 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.

In view of above, without expressing any opinion on the merits of the case,

NA528 No. 41050 of 2025

2

both the parties 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.

April 20, 2026 Fhd

(Nand Prabha Shukla,J.)

Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad