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2025 DAILYLAW 1491 (ALL)

BABLU TARWALE AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/51006/2025 · 2026-03-17

Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51006 of 2025 Court No. - 77 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Supplementary Affidavit filed on behalf of applicants in Court today, is taken on record. 2. Heard Sri Anwar Husain, learned counsel for the applicants and Sri Anees Baig,learned counsel for opposite party No.2. 3. Learned counsel for the applicants submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application. 4. The relief which has been mentioned in the application is delineated below:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under section 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, pending in the Court of Judicial Magistrate, Firozabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under section 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, pending in the Court of Judicial Versus Counsel for Applicant(s) : Anwar Hussain Counsel for Opposite Party(s) : Anees Baig, G.A. Bablu Tarwale And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Magistrate, Firozabad and/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 5. Learned counsel for the parties have submitted that both the parties are residing peacefully in the society. The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise application dated 17.02.2026 before the concerned trial court. Thereafter, this Court, vide order 4.2.2026, has directed the parties to appear before the concerned trial court for verification of the compromise application with a direction to the trial court to verify the compromise application in presence of both the parties and submit a report to this Court. 6. Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise application before the trial court, which has been verified by the trial Court, vide order dated 20.02.2026, copy whereof has been filed along with supplementary affidavit dated 17.3.2026 at page no.15, which is kept on record. 7. In the present case, the sections involved are Section 147, 323, 324, 504, 506 IPC. 8. Sri Anees Baig, learned counsel for the opposite party no.2 has submitted that the O.P. No.2 does not want to proceed with the impugned criminal proceedings. 9. Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and others) arising out of Case Crime no.141 of 2022, under section 147, 323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad, NA528 No. 51006 of 2025 2 pending in the Court of Judicial Magistrate, Firozabad, are hereby quashed. 10. Accordingly, the instant application is allowed. March 18, 2026 SFH NA528 No. 51006 of 2025 3 (Praveen Kumar Giri,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad