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2025 DAILYLAW 200936 (ALL)

NIRAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14789/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14789 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Babul Kumar Sharma, learned counsel for applicants, Sri Roopesh Srivastava, learned counsel for opposite party no.2, learned AGA for the State-opposite party no.1 and perused the record.. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dated 14.09.2023 and cognizance order dated 27.02.2024 passed by Additional Civil Judge (S.D.) Court no.1/ A.C.J.M., Jhansi in Case No.1715 of 2024 (State Vs. Niral and others) arising out of Case Crime No. 209 of 2023, under Sections 323, 504, 506, 427, 354 I.P.C., Police Station-Raksa, District- Jhansi, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Jhansi. 3. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 19.08.2025 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 10.09.2025 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. Versus Counsel for Applicant(s) : Babul Kumar Sharma Counsel for Opposite Party(s) : Roopesh Srivastava, G.A. Niral And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 charge sheet as well as cognizance order as prayed for by the applicants. 6. The present application is allowed. 7. The charge sheet as well as cognizance order of the aforesaid case are hereby quashed. (Tej Pratap Tiwari,J.) October 15, 2025 Radhika NA528 No. 14789 of 2025 2 Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad