GURPREET SINGH GOPI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/5300/2025 · 2025-08-13
Deepak Verma
body2025
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[ 2025 DAILYLAW 20205 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 20205 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138973 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 5300 of 2025 Applicant :- Gurpreet Singh Gopi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Singh Yadav,Divyansh Counsel for Opposite Party :- Brij Kumar Yadav,G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants; learned counsel for the informant; and learned A.G.A. for the State. 3. The present 528 B.N.S.S. application has been filed to quash the Charge Sheet dated 20.04.2022; Summoning order dated 13.05.2022 as well as entire criminal proceedings of Criminal Case No.840/2022, (State Vs. Raju and other), Crime No. 60/2022, under Sections 323, 354-B IPC, Police Station- Patwai, District- Rampur on the basis of compromise dated 15.01.2025. 4. Learned counsel for the applicants submitted that applicants and opposite party no. 2 are family members and they have amicably settled their dispute out of the Court. Applicants approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 10.04.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 20.05.2025 verified the parties as well as compromise application, a copy of the same is annexed with the supplementary affidavit. 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 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. 5. Learned counsel appearing for the opposite party no.2 does not
dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 6.
Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the proceedings of Criminal Case No.840/2022, (State Vs. Raju and other), Crime No. 60/2022, under Sections 323, 354-B IPC, Police Station- Patwai, District-Rampur, is hereby quashed. 10. This application under Section 528 B.N.S.S. is accordingly allowed. Order Date :- 14.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad