Quashed

Smt. Gudiya @ Kamar Shaheen and 7 Others v. State of U.P. and Another

Allahabad HC16 Sept 2026NA528/51826/2025

Case brief

AI extract

What is this about?

The applicants sought to quash criminal proceedings under Section 528 B.N.S.S. after settling their dispute with the opposing party through a compromise verified by the trial court. The opposing party did not wish to continue the prosecution, and the State also supported quashing. The High Court quashed the charge sheet and the cognizance and summoning order in the pending criminal case.

What did the court decide?

The charge sheet dated 07.01.2025 and the cognizance and summoning order dated 30.10.2025 in Case Crime No. 375 of 2023 were quashed.

Smt. Gudiya @ Kamar Shaheen and 7 Others Vs State of… — Dowry and Cruelty | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 51826 of 2025

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Smt. Gudiya @ Kamar Shaheen And 7 Others

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: :	Lalit Kumar Srivastava G.A., Sikandar Raza

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Court No. - 83

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HON'BLE CHAWAN PRAKASH, J.

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Heard Sri Lalit Kumar Srivastava, learned counsel for applicants, Sri Sikandar Raza, learned counsel for opposite party No.2 and learned AGA for the State.

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The present application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to quash the charge sheet dated 07.01.2025 along with cognizance and summoning order dated 30.10.2025 in Case crime no.375 of 2023 (State Vs. Mohd. Azahar & others.) under Sections 498-A,323,504, 506,406 I.P.C, and 3/4 Dowry Prohibition Act, along with section-4 Muslim women (Protection of Marriage) Act 2019, Police Station - Shahganj, District-Agra, pending in the Court of Judicial Magistrate, Court no.6 Agra.

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Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Court by filing this application with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 9.3.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 30.3.2026 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their dispute and as such opposite party no.2 does not wish to

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NA528 No. 51826 of 2025

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press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

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Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

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Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

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The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688 , wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278] , in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the charge sheet dated 07.01.2025 along with cognizance and summoning order dated 30.10.2025 in Case crime no.375 of 2023 (State Vs. Mohd. Azahar & others.) under Sections 498-A,323,504, 506,406 I.P.C, and 3/4 Dowry Prohibition Act, along with section-4 Muslim women (Protection of Marriage) Act 2019, Police Station - Shahganj, District-Agra, pending in the Court of Judicial Magistrate, Court no.6 Agra are hereby quashed.

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NA528 No. 51826 of 2025

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