HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 44292 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.3434 of 2024, (State versus Rao Killan), arising from Case Crime No.129 of 2017, under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Kotwali Nagar, District Saharanpur, pending before the ACJM-III, 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 16.07.2024. This Court vide order dated 10.01.2025, directed both the parties to appear before the trial court for verification of the compromise. The order dated 10.01.2025, passed by this Court is quoted below :- 1. Heard learned counsel for the applicant and learned A.G.A. for the State. None is present for opposite party no.2. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the entire proceeding of Case No. 3434 of 2024 (State Vs. Rao Killan) pending before the learned Court of Additinal Chief Judicial Magistrate IIIrd, Saharanpur arising out of Case Crime No. 129 of 2017 u/s 406, 420, 467, 468, 471, 504, 506 Police Station- Kotwali Nagar, District- Saharanpur. Versus Counsel for Applicant(s) : Jitendra Kumar Shishodia, Praveen Chaturvedi Counsel for Opposite Party(s) : G.A. Rao Killan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed. 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 30.01.2025/31.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed. 6. List this matter on 11.03.2025, along with compromise verification report submitted by the court concerned, if any. 7. Club this application along with Application U/S 528 of B.N.S.S. No. 38818 of 2024 (Rao Killan Vs. State of U.P. and Another). 8. On the next date fixed, opposite party no.2 shall appear through counsel to put his version, if any. 9. Till the next date of listing, no coercive action shall be taken against the applicant in aforesaid criminal case. 4. In pursuance of the order dated 10.01.2025 both the parties have appeared before the trial court and the trial court vide order dated 31.01.2025 identified and verified the applicants and informant through their counsel and also compromise application. The verification order dated 24.02.2025 has been has been sent by the ACJM-III, Saharanpur and the same is available on record. He further submitted that 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 NA528 No. 44292 of 2024 2 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.3434 of 2024, (State versus Rao Killan), arising from Case Crime No.129 of 2017, under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Kotwali Nagar, District 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. 44292 of 2024 3 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad