KAMAL SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/45582/2025 · 2026-04-19
Chawan Prakash
body2025
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[ 2025 DAILYLAW 2022 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2022 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 45582 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Vipin Chandra Pal, learned Counsel for the applicants, Mr. Shivam Sahni, learned Counsel holding brief of Mr. Premendra Kumar, learned Counsel for opposite party no.2 and learned AGA for the State and perused the records. 2. The present application under Section 528 BNSS has been filed by the applicants with the following prayer:
"It is therefore most respectfully prayed that this Hon'ble court may be pleased to quash the Charge sheet No. 01 dated 30.05.2025, Cognizance/Summoning Order dated 26.06.2025 as well as entire proceedings of Case No. 7869 of 2025 (State Vs Kamal Singh and others) arising out of Case Crime no. 264 of 2025 under section 191(2), 115(2), 352, 351(2), 324(4) and 74 B.N.S. Police Station Vijay Nagar, District - Nagar (Commissionerate Ghaziabad) Pending in the court of Additional Civil Judicial (Sr. Div.) III Ghaziabad, on the basis of compromise agreement between the parties otherwise the applicants shall suffer irreparable loss and injury."
3. Learned Counsel for the applicants has submitted that the applicants and opposite party No.2 have compromised the dispute. It is further argued that the said compromise has also been verified by the concerned Trial Court, as such the proceedings against the applicants may be quashed. 4. Learned counsel for opposite party no.2 admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is Versus Counsel for Applicant(s) : Himanshu Kushwaha, Vipin Chandra Pal Counsel for Opposite Party(s) : G.A., Prashant Mishra, Premendra Kumar Kamal Singh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
quashed against the applicants. 5. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably. 6. 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. 7. 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 as prayed for by the applicants. 8. The entire proceedings of the aforesaid case are hereby quashed. 9. The present application is allowed. April 20, 2026 Vijay NA528 No. 45582 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad