Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 20158 (ALL)

SMT. ISHRAT v. STATE OF U.P. AND 2 OTHERS

NA528/5083/2025 · 2025-10-09

Tej Pratap Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5083 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicant, 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 applicant with a prayer to quash the charge sheet dated 29.01.2019 as well as N.B.W. dated 03.08.2024 in Case No. 10601 of 2022 (State of U.P. vs. Khushhal and others) arising out of Case Crime No. 1647 of 2018, under Sections 323, 504, 506, 308 I.P.C., Police Station Lisarigate, District Meerut, pending int he Court of Special Chief Judicial Magistrate, Meerut. 3. Learned counsel for the applicant states that an order was passed by a co- ordinate Bench of this Court vide order dated 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 vide order dated 18.09.2025 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. 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) Versus Counsel for Applicant(s) : Mukesh Chandra Gupta, Shubham Prakash Gupta Counsel for Opposite Party(s) : Mohd. Shahibe Alam, G.A. Smt. Ishrat .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 N.B.W order as prayed for by the applicants. 6. The present application is allowed. 7. The entire proceeding, charge sheet as well as N.B.W order of the aforesaid case are hereby quashed. October 10, 2025 Manoj NA528 No. 5083 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad