BALAM SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4134/2025 · 2025-03-05
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14738 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32864 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 4134 of 2025 Applicant :- Balam Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Kumar Counsel for Opposite Party :- G.A.,Hasan Parvej Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Aman Kumar, learned counsel for the applicants, Mr. Rahul Pandey, Advocate holding brief of Mr. Hasan Parvej as well as Mr. Mayank Awasthi, learned counsel for the State and perused the material on record. 2. This application U/S 528 BNSS has been filed by the applicants with the prayer to quash the Cognizance order dated 02.01.2024 along with the entire proceeding of Criminal Case No.681 of 2024 (State vs. Vivek Chauhan And Others), arising out of Case Crime No.779 of 2023, under Section 498-A, 323, 354, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Bisarakh, District- Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar, on the basis of compromise dated 06.09.2024. 3. Earlier the applicants have approached this Court by means of filing an Application U/S 482 No.36381 of 2024 (Vivek Chauhan And 3 Others vs. State of U.P. and Another) was filed before this Court wherein vide order dated 02.12.2024, the Court had directed the parties to appear before the court concerned for verification of the compromise. In compliance of the aforesaid order, the statements of parties have been recorded wherein they have stated that they have entered into compromise and no dispute remains between them. Accordingly, the compromise has been verified by C.J.M., Gautam Budh Nagar vide order dated 07.01.2025 in the presence of both the parties along with their respective counsels. Certified copy of the aforesaid compromise verification order dated 07.01.2025 has been passed on to the Court today and is kept on record. 4. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case
may be quashed by this Court. 5. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed.
6. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another;
(2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation;
(2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
7. In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 8. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 9. Accordingly, the entire proceeding of Criminal Case No.681 of 2024 (State vs. Vivek Chauhan And Others), arising out of Case Crime No.779 of 2023, under Section 498-A, 323, 354, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Bisarakh, District-
Gautam Budh Nagar, on the basis of compromise, are hereby quashed. 10. The application is, accordingly, allowed. There shall be no
order as to costs.
11. A copy of this order be sent to the lower court forthwith.
Order Date :- 6.3.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad