BRAJBHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
NA528/1365/2025 · 2025-09-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167065 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1365 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Sri BB Mishra, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party nos.2 and 3 and the same is taken on record. 2. Heard learned counsel for the applicant, Sri Avnish Kumar Tiwari, learned A.G.A. for the State, Sri BB Mishra, learned counsel for the opposite party nos. 2 and 3, and perused the material placed on record. 3. By means of the instant application, the applicant has prayed for quashing of the chargesheet dated 12.01.2025 and the summoning order dated 24.7.2025 issued by Addl. Civil Judge (S.D.), Court No. 1, Hardoi against the applicant in Case No. 44726 of 2024, arising out of Case Crime No. 250 of 2024 under Sections 109(1), 351(3), 118(1), B.N.S. Police Station Sawayajpur, District Hardoi, as well as entire proceedings of the aforesaid case on the basis of compromise between the parties which was duly verified by the Addl. Civil Judge (J.D.), Court No. 4, Hardoi, vide order dated 03.09.2025 in purusance of order dated 25.08.2025 passed in Case U/S 528 No.1029 of 2025, ' Brajbhan Singh Vs. State of U.P.'. 4. Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 12.08.2025. Thereafter, the applicant filed an Application U/S 528 No. 1029 of 2025 wherein this Court vide order dated 25.08.2025 has directed the trial court to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 03.09.2025. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicant may be quashed. 5. Learned counsel for the opposite party nos.2 and 3 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicant may be dropped. 6. Learned counsel for the State has no objection to the submissions aforesaid.
Versus Counsel for Applicant(s) : Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Brajbhan Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 12.08.2025 and said compromise has been verified on 03.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicant. 8. In view of the above, as the applicant and opposite parties have entered into compromise on 12.08.2025 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. 9. Accordingly, entire criminal proceedings against the applicant in Case No. 44726 of 2024, arising out of Case Crime No. 250 of 2024 under Sections 109(1), 351(3), 118(1), B.N.S. Police Station Sawayajpur, District Hardoi, as also in the chargesheet dated 12.01.2025 and the summoning order dated 24.7.2025 in the said case are hereby quashed. 10. The compromise shall be part of this order. 11. The application is allowed accordingly. 12. Consigned to the records. September 24, 2025 A.Nigam NA528 No. 1365 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench