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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 4974 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Heard Sri Bharat Singh, learned counsel for the applicants and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the proceedings of S.T. no. 301 of 2024 State Vs. Tejpal and others u/s 147, 323, 324, 504, 506, 308 I.P.C., pending in the court of the learned Additional District and Sessions Judge/Special Judge (S.C./S.T. Act) Sambhal situated at Chandausi arising out of case crime no. 237 of 2022 P.S. Bahjoi, District Sambhal, to quash the impugned charge sheet dated 16.9.2022 submitted in the aforesaid case and also to quash the impugned order of taking cognizance and summoning of the applicants dated 15.12.2022 passed by the learned Chief Judicial Magistrate, Sambhal situated at Chandausi, on the basis of the compromise dated 27.9.2024. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Hon'ble Court by filing 482 application bearing No.37941 of 2024 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 10.12.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 20.01.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted Versus Counsel for Applicant(s) : Bharat Singh Counsel for Opposite Party(s) : G.A. Tejpal And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 5. The Hon'ble Apex Court in the case of Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 6. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 7. Accordingly, the impugned cognizance and summoning order dated 15.12.2022 passed in S.T. no. 301 of 2024, u/s 147, 323, 324, 504, 506, 308 I.P.C., pending in the court of the learned Additional District and Sessions Judge/Special Judge (S.C./S.T. Act) Sambhal situated at Chandausi arising out of case crime no. 237 of 2022 , P.S. Bahjoi, District Sambhal, is hereby quashed. 8. This application under Section 528 BNSS is accordingly allowed. September 15, 2025 Nitin Verma NA528 No. 4974 of 2025 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad