Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 46621 of 2023 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J.
1. Supplementary affidavit filed today by Sri Ashok Kumar Mishra, learned counsel for the applicants is taken on record. 2. Heard Sri Ashok Kumar Mishra, learned counsel for the applicants, learned A.G.A for the State and perused the record. 3. The present application under Section 482 Cr.P.C has been filed to quash the charge sheet no. 560 of 2023 dated 29.08.2023 as well as cognizance and summoning order dated 02.11.2023 in Criminal Case No. 25621 of 2023 (State Vs. Akil and others), arising out of Case Crime No. 664 of 2023, under Sections 323, 308, 504, 506 of I.P.C., Police Station Kotwali Sahar, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor, in terms of compromise taken place between the parties. 4. Learned counsel for the applicant states that an order was passed by a co-ordinate Bench of this Court on 05.01.2024 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned on 16.01.2024 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. 5. 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 Versus Counsel for Applicant(s) : Ashok Kumar Mishra, Avesh Mishra Counsel for Opposite Party(s) : G.A., Shashwat Shukla Akil And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
(1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (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. 6.
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, charge sheet as well as cognizance order as prayed for by the applicant(s). 7. The present application is allowed. 8. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. October 28, 2025 PS A482 No. 46621 of 2023 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad