JOGENDRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6431/2025 · 2025-09-03
Avnish Saxena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21646 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21646 (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. - 6431 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Shahrukh, learned counsel the applicants and learned A.G.A. for the State. Perused the record. 2. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the entire criminal proceedings of Case No.683 of 2024 (State Vs. Nikku and others) as well as charge sheet dated 05.07.2024 and cognizance order dated 18.07.2024, under Sections 354Ka, 354Kha, 452, 323, 504, 506, 325 and 308 I.P.C. arising out of Case Crime No.222 of 2024,under Sections 147, 148, 354Ka, 354Kha, 452, 376, 511, 323, 504 and 506 I.P.C., Police Station Garhmukteshwar, District Hapur, pending before the court of Additional Civil Judge (Junior Division)/Judicial Magistrate Garhmukteshwar, District Hapur in view of the compromise arrived between the parties. 3. Learned counsel for the applicants is present and submits that the applicants-accused and opposite party no.2 are neighbours. There was some dispute between the two, which led to lodging of the F.I.R. The contents of the F.I.R. further elaborated is to committing of rape with the daughter of informant. The parties have entered into compromise and buried their hatchet. The verified compromise is filed today along with supplementary affidavit. The same is taken on record. 4. Learned A.G.A. is present for the State. 5. The order-sheet reveals that notice has been personally served on the opposite party no.2, but none appeared on his behalf. 6. The compromise entered into between the parties filed along with the application has been sent for verification to the trial court by order dated Versus Counsel for Applicant(s) : Kushagra Srivastava, Shahrukh Counsel for Opposite Party(s) : G.A. Jogendra And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
17.03.2025. By letter dated 05.04.2025, the Judicial Magistrate, Garhmukteshwar, District Hapur has intimated this Court that the compromise has been verified. 7. There is no point in getting the trial continued, when the parties have buried their differences as the star witness would not support the prosecution case. 8. Thus, the charge sheet and the proceeding arose out of case crime number mentioned above is hereby quashed. Consequently, the proceedings of trial is also quashed. 9. The application under Section 528 B.N.S.S. is allowed accordingly.
September 4, 2025 MN/- NA528 No. 6431 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad