Prateek Srivastava and Another vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2026)

Prateek Srivastava and Another vs State of U.P. and… — 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 cognizance/summoning order dated 9.8.2024 passed by the Civil Judge (Junior Division)/F.T.C. Court No.4, Shahjahanpur and the entire proceedings of Case No. 612 of 2024 (arising out of case crime no. 750 of 2023) should be quashed in view of the compromise dated 1.2.2026 entered between the parties.

Court's answer

Without expressing any opinion on the merits of the case, both parties are directed to appear before the Trial Court along with the compromise deed and a certified copy of this order within three weeks.

Ratio / Principle

The Trial Court is expected to fix a date for verification of the compromise and, after ensuring the presence of the parties and giving opportunity of hearing to both sides, pass an appropriate order in accordance with law, preferably within three months from production of the certified copy of this order, if there is no other legal impediment.

Key takeaways

While passing the order verifying the compromise, the Court concerned shall record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed have been fulfilled.ratio¶14
The parties may obtain a 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 thereafter.ratio¶15
As an interim measure, 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.

Detailed headnote1 paragraphs

Quashing of criminal proceedings on basis of compromise - Application under Section 528 BNSS to quash cognizance/summoning order dated 9.8.2024 and entire proceedings of Case No. 612 of 2024 (ss. 498A, 506, 504 IPC and s. 3/4 D.P. Act, P.S. Sadar, District Shahjahanpur) on the ground of compromise dated 1.2.2026 between the parties - Held, application disposed of without expressing any opinion on merits; both parties directed to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; Trial Court to fix a date for verification of the compromise, ensure presence of parties, hear both sides, record 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; till such verification, no coercive action to be taken against the applicants; after verification, parties free to obtain certified copy of the report and compromise and approach the High Court again for quashing of the proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46687 of 2025

Prateek Srivastava And Another

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Anand Kumar, Vinod Kumar Yadav :

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard Sri Mahesh Kumar, Advocate, holding brief of Shri Vinod Kumar Yadav, 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 cognizance/summoning order dated 9.8.2024 passed by learned Civil Judge (Junior Division)/ F.T.C. Court No.4, Shahjahanpur as well as entire proceeding of Case No. 612 of 2024 arising out of case crime no. 750 of 2023 under sections 498A, 506, 504 I.P.C. and Section 3/4 D.P. Act, Police Station-Sadar, District- Shahjahanpur pending in the Court of learned Civil Judge (Junior Division)/ F.T.C. Court No.4, Shahjahanpur in pursuance of compromise dated 1.2.2026 entered between the parties.

Learned counsel for the applicants submit that the parties have amicably settled their disputes through compromise dated 1.2.2026 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, 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

NA528 No. 46687 of 2025

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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