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2025 DAILYLAW 171941 (ALL)

ASHOK KUMAR VERMA v. STATE OF U.P. AND ANOTHER

NA528/10516/2025 · 2025-10-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10516 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Ravi Kumar Mishra, learned counsel for the applicant, Sri Dilip Singh, Advocate holding brief of Sri Dhirendra Srivastava, learned counsel for opposite party no. 2, learned A.G.A for the State and perused the record. 2. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Criminal Case No. 28702 of 2023 (State Vs. Ashok Kumar Verma), arising out of Case Crime No. 170 of 2022, under Sections 420, 406 of I.P.C., Police Station Mirchahi, District Etah, charge sheet dated 04.01.2023 as well as summoning order dated 23.11.2023 passed by Chief Judicial Magistrate, Etah, District Etah, pending in the court of Chief Judicial Magistrate, Etah. 3. Learned counsel for the applicant states that an order was passed by a co-ordinate Bench of this Court on 29.08.2025 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 08.09.2025 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. 4. 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) : Ravi Kumar Mishra Counsel for Opposite Party(s) : Dhirendra Srivastava, G.A. Ashok Kumar Verma .....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. 5. 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). 6. The present application is allowed. 7. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. October 27, 2025 PS NA528 No. 10516 of 2025 2 (Tej Pratap Tiwari,J.) (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad