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2025 DAILYLAW 2363 (ALL)

DHARMPAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/41950/2025 · 2026-04-26

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41950 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Komal Prasad Maurya, learned counsel for the applicants, learned A.G.A. for the State as well as Sri Jalaj Kumar Kushwaha, 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 impugned cognizance order dated 11.07.2025 passed by the learned Chief Judicial Magistrate, Etah as well as the entire proceeding of Criminal Case No. 13781 of 2025 (State Vs. Dharmpal and others), arising out Charge sheet dated 18.05.2023, arising out of Case Crime No. 361 of 2022, under Sections 420, 467, 468, 471, 506, 120B I.P.C., Police Station Kotwali Nagar, District Etah on the basis of compromise dated 28.08.2025. 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 17.12.2025 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 23.01.2026 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 Versus Counsel for Applicant(s) : Komal Prasad Maurya Counsel for Opposite Party(s) : Jalaj Kumar Kushwaha, G.A. Dharmpal And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, 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, cognizance order dated 11.07.2025 passed by the learned Chief Judicial Magistrate, Etah as well as the entire proceeding of Criminal Case No. 13781 of 2025 (State Vs. Dharmpal and others), arising out Charge sheet dated 18.05.2023, arising out of Case Crime No. 361 of 2022, under Sections 420, 467, 468, 471, 506, 120B I.P.C., Police Station Kotwali Nagar, District Etah, are hereby quashed in terms of compromise dated 28.08.2025. 8. This application under Section 528 B.N.S.S. is accordingly allowed. April 27, 2026 Rmk. NA528 No. 41950 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad