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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51759 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Saksham Srivastava, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State as well as Sri Yasharth Srivastava, learned counsel for the opposite party no. 2 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed to quash the entire proceeding of Case No. 4352 of 2025 (State Vs. Dr. Mahesh and others), arising out of Case Crime No. 589 of 2024, under Sections 191(2), 191(3), 110, 115(2), 352, 351(2), 117(2) B.N.S., Police Station Dibai, District Bulandshahr including charge sheet dated 20.12.2024 as well as cognizance/summoning order dated 02.04.2025 passed by the Chief Judicial Magistrate, Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahr. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Court by filing this application under 528 BNSS with prayer to quash the proceedings on terms of compromise entered between the parties and this Court vide order dated 16.09.2025 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 28.11.2025 verified the parties as well as compromise application. 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 their dispute through compromise 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, Versus Counsel for Applicant(s) : Mayank Yadav, Saksham Srivastava Counsel for Opposite Party(s) : G.A., Yasharth Srivastava Mukesh And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned counsel for the opposite party no. 2 as well as learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 5. 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. 6. 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. 7. Accordingly, entire proceeding of Case No. 4352 of 2025 (State Vs. Dr. Mahesh and others), arising out of Case Crime No. 589 of 2024, under Sections 191(2), 191(3), 110, 115(2), 352, 351(2), 117(2) B.N.S., Police Station Dibai, District Bulandshahr including charge sheet dated 20.12.2024 as well as cognizance/summoning order dated 02.04.2025 passed by the Chief Judicial Magistrate, Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahr, are hereby quashed in terms of compromise. 8. This application under Section 528 B.N.S.S. is accordingly allowed. April 27, 2026 Rmk. NA528 No. 51759 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad