SATYA PRAKASH AND 3 OTHERS v. STATE OF U.P, AND ANOTHER
NA528/6442/2025 · 2026-04-01
Chawan Prakash
body2025
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[ 2025 DAILYLAW 1700 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 1700 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6442 of 2025 Court No. - 81 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Rahul Saxena, learned Counsel for the applicants, Sri Rahul Kumar Pal, learned Counsel holding for the opposite party no.2 and learned AGA for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with the following prayer:
"It is, therefore, most respectfully prayed be & that this Hon'ble Court may graciously pleased to allow the present application and quash the entire proceedings of Complaint Case No. 1341 of 2006 (Ram Singh Vs. Atiram others), under section 395 & 397 IPC, Police Station Sikandrarau, District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Hathras."
3. Learned Counsel for the applicants has submitted that the applicants and opposite party no.2 have compromised the dispute, copy of the same is annexed as Annexure No.7 to this application. It is further argued that the said compromise has also been verified by the learned Trial Court concerned, as such the proceedings against the applicants may be quashed. 4. Learned counsel for opposite party no.2 admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicants. 5. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably. 6. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : Versus Counsel for Applicant(s) : Rahul Saxena, Shubham Kumar Dubey Counsel for Opposite Party(s) : G.A., Rahul Kumar Pal Satya Prakash And 3 Others .....Applicant(s) State Of U.P, And Another .....Opposite Party(s)
(2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs.
State of Gujarat and another: (2017) 9 SCC 641 has held that the cases, in which the parties have settled their grievances, can be quashed. 7. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants. 8. The entire proceedings of the aforesaid case are hereby quashed. 9. The present application is allowed. April 2, 2026 Vijay NA528 No. 6442 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad