Allahabad High Court
Saurabh Verma And 2 Others vs State Of U.P. And 3 Others on 17 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:187203
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40754 of 2025
Saurabh Verma And 2 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Lakshman Prasad Ojha, Praveen Kumar Mishra
Counsel for Opposite Party(s)
:
G.A., Kapil Deo Tripathi, Viresh Kumar Gupta
Court No. - 79 (Sl.No.36)
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Lakshman Prasad Ojha, learned counsel for the applicants, Sri Viresh Kumar Gupta, learned counsel for the opposite party no.4 and Sri Rakesh Soni, learned A.G.A. for the State.
2. The instant application has been filed seeking quashing of the charge sheet dated 12.05.2025 as well as the summoning order dated 15.09.2025 as well as the entire proceedings of Case No. 428 of 2025 (State vs. Saurabh Verma and others), arising out of Case Crime No. 400 of 2024, under sections 85, 115(2), 352, 351(3) B.N.S. and 3/4 D.P.Act, P.S. Jhunsi, District Prayagraj..
3. Learned counsel for the applicants submits that earlier the applicants had filed Criminal Misc. Writ Petition No. 12331 of 2025 (Saurabh Verma and others vs. State of U.P. and others). During the pendency of the said writ petition, the parties have settled their disputes amicably and an application under Section 13-B of the Hindu Marriage Act was filed in which the opposite party no.4 in full and final 2 and the applicants have admitted that an amount of Rs. 17 lacs shall be paid to the opposite party no.4 in full and by the applicants in full and final settlement including the maintenance and stridhan etc. In view thereof a demand draft of Rs. 17 lacs was deposited by the applicants before the Principal Judge, Family Court, Prayagraj and a joint application under Sction 13-B of the Hindu Marriage Act was filed by the applicant no.1 and opposite party no.4. During the pendency of the writ petition before this Court, vide order dated 23.07.2025 this Court directed the the Principal Judge, Family Court, Prayagraj to release the amount of Rs. 17 lacs in favour of the opposite party no.4. The aforesaid amount has been released in favour of the opposite party no.4. Subsequently, this Court vide order dated 11.08.2025 directed the parties to appear before the trial court for verification of compromise, which was annexed as annexure-3 to the writ petition. However, before the compromise could be verified, the charge sheet was filed against the applicants. In view of the aforesaid development, this Court dismissed the writ petition with liberty to the parties to file the compromise before the concerned Magistrate and take appropriate proceedings in accordance with law. However, learned counsel for the applicants submits that despite the aforesaid directions, the opposite party no.4 is not coming forward for verification of compromise before the trial court. Due to non-cooperation of opposite party no.4, the compromise could not be verified. Therefore, the applicants have filed the instant application under Section 528 B.N.S.S. seeking quashing of the instant case against the applicants.
4. Learned counsel for the opposite party no.4 does not dispute that the compromise was executed between the parties and pursuant to the same, the parties have filed an application under Section 13-B of the Hindu Marriage Act and the payment of Rs. 17 lacs against the full and final settlement between the parties was deposited by the applicants by way of demand draft, which was released by this Court vide order dated 23.07.2025 in favour of the opposite pasrty no.4.
5. In view of the admitted position that the parties have entered into the settlement, which has also been acted upon between the parties and jointly the parties have filed an application under Section 13-B of the Hindu Marriage Act. Pursuant to the same the said compromise the amount of Rs. 17 lacs was deposited by the applicants which was released as per the direction of this Court, passed during pendency of the writ petition. Thus, this Court does not find any further requirement of verification of compromise between the parties as the same is admitted fact between the parties. In view of the aforesaid admitted position that the parties have settled their disputes amicably and payment in terms of the compromise has already been filed under Section 13-B of the Hindu Marriage Act, no fruitful purpose would be served by keeping the proceeding pending against the applicants in view of the aforesaid compromise arrived at between the parties.
6. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed.
7. In view thereof, the instant application is accordingly allowed and the proceedings of Case No. 428 of 2025 (State vs. Saurabh Verma and others), arising out of Case Crime No. 400 of 2024, under sections 85, 115(2), 352, 351(3) B.N.S. and 3/4 D.P.Act, are hereby quashed.
8. It is further directed that the opposite party no.4 shall co-operate in disposal of 13-B application as was agreed between the parties in terms of the compromise and shall withdraw all other cases pending, if any, between the parties.
(Anish Kumar Gupta,J.)
October 17, 2025
Ashish Pd.
