SMT. GUNJAN SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/42628/2025 · 2026-04-19
Chawan Prakash
body2025
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[ 2025 DAILYLAW 2027 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 2027 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42628 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Shiv Murti Kushwaha, learned Counsel for the applicants 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 graciously be pleased to allow the application and quash the Charge-Sheet NO. 174 of 2015 dated 03-06-2015 & 174-A of 2015 dated 16-07-2015 AND entire proceeding of Case No. 266 of 2016 (State versus Sharda Devi @ Yasoda Devi) arising out of Case Crime No. 321 of 2014 under section 420, 467, 468, 471 I.P.C., Police Station - Sasani Gate, District - Aligarh against the applicants pending before the court of Judicial Magistrate-III, Aligarh on the basis of compromise dated 16-07-2025 between the applicants and opposite party no.2."
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 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 Versus Counsel for Applicant(s) : Pankaj Sharma, Shiv Murti Kushwaha Counsel for Opposite Party(s) : G.A. Smt. Gunjan Sharma And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 42628 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad