HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38818 of 2024 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material available on record. 2. The present 528 B.N.S.S. application has been filed to quash the entire criminal proceeding of Case No.9296 of 2020, (State versus Rao Killan), arising from Case Crime No.446 of 2017, under Sections 420, 467, 468, 471, 406 IPC, Police Station Sadar Bazar, District Saharanpur, pending before the CJM, Saharanpur, in terms of compromise between the parties. 3. Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court and entered into compromise and instant application filed for quashing the entire proceedings on the basis of compromise, pending against the applicant on the basis of compromise dated 20.09.2024. This Court vide order dated 25.11.2024, directed both the parties to appear before the trial court for verification of the compromise. The order dated 25.11.2024, passed by this Court is quoted below :- "1. Heard learned counsel for the applicant and learned A.G.A. for the State. No one is present for respondent no.2. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire proceeding of Case No.9296 of 2020 (State vs. Rao Killan), arising out of Case Crime No.446 of 2017, under Sections 420, 467, 468, 471 and 406 IPC, P.S. Sadar Bazar, District Saharanpur, pending in Versus Counsel for Applicant(s) : Jitendra Kumar Shishodia Counsel for Opposite Party(s) : G.A. Rao Killan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the court of Chief Judicial Magistrate, Saharanpur. 3. Learned counsel for the applicant has submitted that during pendency of the criminal case, both the parties have settled their dispute amicably out of the Court and inked compromise on 20.09.2024. A certified copy of the compromise dated 20.09.2204 has been filed before the court below which annexed as Annexure-1 to the application. It is next submitted that in the changed scenario, both the parties have buried the hatchet and they have no grudges against each other, therefore, instant application may be allowed and the criminal proceeding may be quashed on the basis of the compromise. 4.Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise. 5. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 16.12.2024/17.12.2024 to get their compromise verified. Learned court concerned shall verify the same in presence of both the parties after recording their statements and submit its verification report before this Court within a period of one month from the date of appearance of the parties. 6. List this matter before appropriate Bench on 20.02.2025 along with verification report submitted by the court concerned, if any. 7. Till the next date of listing, further proceedings in aforesaid criminal case shall remain stayed against the present applicant. 8. This matter shall not be treated as tied up or part heard to this Bench. 9. It is made clear that on the next date before this Court respondent no.2 shall appear through counsel." 4. In pursuance of the order dated 25.11.2024 both the parties have appeared before the trial court and the trial court vide order dated 17.12.2024 identified and verified the applicants and informant through their counsel and also compromise application. The verification order dated 17.12.2024 has been filed through supplementary affidavit. He further submitted that NA528 No. 38818 of 2024 2 applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, entire proceeding of Case No.9296 of 2020, (State versus Rao Killan), arising from Case Crime No.446 of 2017, under Sections 420, 467, 468, 471, 406 IPC, Police Station Sadar Bazar, District Saharanpur, pending before the CJM, Saharanpur, is hereby quashed. 9. This application under Section 528 B.N.S.S. is accordingly allowed. September 22, 2025 I.A.Siddiqui NA528 No. 38818 of 2024 3 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad