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2024 DAILYLAW 2696 (ALL)

ANUJ KUMAR v. STATE OF U.P. AND ANOTHER

NA528/44735/2024 · 2026-03-18

Padam Narain Mishra

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 44735 of 2024 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the charge-sheet dated 18.05.2022 as well as the cognizance order dated 17.07.2023 and the entire proceedings of Case No.1170 of 2023 (State v. Anuj Kumar) arising out of Case Crime No. 0315 of 2021, u/s 147, 148, 149, 323, 504, 506, 307, 336 of IPC, Police Station- Bidhuna, District- Auraiya, pending in the court of learned Judicial Magistrate/Civil Judge (J.D.), Bidhuna, Auraiya. 2. Learned counsel for both the parties submitted that the parties have settled their dispute by way of compromise dated 13.12.2024, which has been verified in pursuance of order dated 15.01.2025 passed by the co-ordinate Bench of this Court and the photo copies of certified copies of the verified compromise as well as verification proceedings have been sent by the trial court concerned, which is on record. 3. Learned counsel for the opposite party no. 2 argued that as the parties have already arrived at amicable settlement on 13.12.2024 in the aforesaid case and, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants. 4. Heard learned counsel for the applicants and learned counsel for the Opposite Party No.2 and learned AGA for the State. 5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor." 6. Keeping in mind the position of law and facts, circumstances of the case, the Versus Counsel for Applicant(s) : Chandra Bhushan Tiwari Counsel for Opposite Party(s) : Mukesh Kumar Pandey, G.A. Anuj Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) present application under Section 528 BNSS stands allowed. 7. The entire proceedings of charge-sheet dated 18.05.2022 as well as the cognizance order dated 17.07.2023 and the entire proceedings of Case No.1170 of 2023 (State v. Anuj Kumar) arising out of Case Crime No. 0315 of 2021, u/s 147, 148, 149, 323, 504, 506, 307, 336 of IPC, Police Station- Bidhuna, District- Auraiya, pending in the court of learned Judicial Magistrate/Civil Judge (J.D.), Bidhuna, Auraiya, is hereby quashed. 8. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 9. The parties may file the certified copy of this order before the court concerned within six weeks from today. March 19, 2026 Israr NA528 No. 44735 of 2024 2 (Padam Narain Mishra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad