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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8538 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J.
1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri Vikas Chauhan, learned counsel for the 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. 4910 of 2023 (State Vs. Dr. Manju Sharma and others), arising out of Case Crime No. 0362 of 2022, under Sections 420, 406, 467, 468, 471 and 120B of I.P.C., Police Station Sadar Bazar, District Saharanpur, pending in the court of Chief Judicial Magistrate, Saharanpur as well as charge sheet dated 03.04.2023 as well as cognizance order dated 07.04.2023 submitted in the aforesaid sections in light of compromise deed dated 10.02.2025. 3. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 02.04.2025 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 20.05.2025 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) : Dhiraj Kumar Pandey Counsel for Opposite Party(s) : Vikas Chauhan, G.A. Satish Sharma .....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. 8538 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad