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2025 DAILYLAW 193171 (ALL)

MANJUR AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5238/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5238 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Vakalatnama filed today by Mohd. Amish on behalf of opposite party no. 2 is taken on record. 2. Heard Mohd Amir, learned counsel for the applicants, Mohd. Amish, learned counsel for the opposite party no. 2, learned A.G.A for the State and perused the records. 3. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case No. 9092 of 2024 (State Vs. Manjur and 7 others), arising out of Case Crime No. 29 of 2024, under Sections 447, 448, 384, 120B of I.P.C., Police Station Bhojpur, District Ghaziabad, charge sheet dated 03.08.2024 as well as cognizance order dated 16.10.2024 passed in the aforesaid case, pending in the court of Civil Judge (Sr. Div.), F.T.C./Judicial Magistrate, Ghaziabad. 4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 05.08.2025 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 01.09.2025 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. 5. The law with regards to quashing of a case on the basis of settlement Versus Counsel for Applicant(s) : Mohd Aamir Counsel for Opposite Party(s) : G.A. Manjur And 7 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 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 : (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 13, 2025 PS NA528 No. 5238 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad