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2025 DAILYLAW 2031 (ALL)

NAYAMUDDIN v. STATE OF U.P. AND ANOTHER

NA528/41872/2025 · 2026-04-19

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41872 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Ravindra Prakash Srivastava, learned Counsel for the applicant, Mr. Rajit Ram, learned Counsel holding brief of Mr. Pradeep Kumar Tiwari, learned Counsel for the 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 applicant with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this criminal misc. application and to quash the charge- sheet dated 8.5.2018 and cognizance as well as summoning order dated 17.12.2018 and entire proceedings of Case No. 5167 of 2018 (State Vs. Nayamuddin) arising out of Case Crime No. 935 of 2017, under Sections 363, 366 I.P.C., Police Station-Dharmsinghwa, District-Sant Kabir Nagar pending in the court of learned Civil Judge, Junior Division/Judicial Magistrate, Sant Kabir Nagar." 3. Learned Counsel for the applicant has submitted that the applicant 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 applicant 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 applicant. 5. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably. Versus Counsel for Applicant(s) : Ravindra Prakash Srivastava Counsel for Opposite Party(s) : Pradeep Kumar Tiwari, G.A. Nayamuddin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 41872 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad