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2025 DAILYLAW 193525 (ALL)

BACHCHA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14612/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14612 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Deo Prakash Singh, learned counsel for the applicants, Sri Yaduvanshi Birendra Mohan, learned counsel for the opposite party no. 2, learned counsel for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceeding of Criminal Case No. 220 of 2001 (State vs. Bachcha and others) arising out of Case Crime No. 39 of 2000, under Sections 323, 504, 506 I.P.C., Police Station Naugarh, District Chandauli as well as charge sheet no. 30 of 2000 dated 17.11.2000, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate Chakia, District Chandauli. 3. Learned counsel for the applicants states that an order was passed by a co- ordinate Bench of this Court on 13.05.2025 directing the applicants to file the compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 27.05.2025 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 : (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 Versus Counsel for Applicant(s) : Deo Prakash Singh, Rishi Kumar Singh Counsel for Opposite Party(s) : Yaduvanshi Birendra Mohan Bachcha And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 prayed for by the applicants. 6. The present application is allowed. 7. The entire proceeding as well as charge sheet of the aforesaid case are hereby quashed October 14, 2025 Manoj NA528 No. 14612 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad