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2025 DAILYLAW 2365 (ALL)

VINOD KUMAR PATEL AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/43202/2025 · 2026-04-26

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43202 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Chandan Singh, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State as well as Sri Vijay Kumar, learned counsel for the opposite party nos. 2 and 3 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed to quash the impugned charge sheet dated 12.01.2007 & 19.01.2007, cognizance order/summoning order dated 29.01.2007 (corrected on 12.02.2007) passed by learned Chief Judicial Magistrate, Aligarh against the applicant no. 1, under Sections 147, 195, 211, 218, 220, 323, 343, 120B I.P.C. as well as entire proceeding of Case No. 1974 of 2007 (State Vs. Sudhir & another), arising out of Case Crime No. 434 of 1999, Police Station Jawan, District Aligarh, pending in the court of learned Judicial Magistrate-III, Aligarh on the basis of compromise dated 05.08.2025. 3. Learned counsel for the applicants submitted that applicants and opposite party nos.2 and 3 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 04.02.2026 verified the parties as well as compromise application. He further submitted that applicants and opposite party nos.2 and 3 compromised the matter and opposite party Nos.2 and 3 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos.2 and 3 have settled their dispute through compromise and, as such, opposite party nos.2 and 3 does not wish to press the aforesaid case against the applicants. Opposite party nos.2 and 3 are ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be Versus Counsel for Applicant(s) : Chandan Singh Counsel for Opposite Party(s) : G.A., Krishna Kumar, Vijay Kumar Vinod Kumar Patel And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) served if the prosecution is allowed to go on. 4. Learned counsel for the opposite party nos. 2 and 3 and 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, charge sheet dated 12.01.2007 & 19.01.2007, cognizance order/summoning order dated 29.01.2007 (corrected on 12.02.2007) passed by learned Chief Judicial Magistrate, Aligarh against the applicant no. 1, under Sections 147, 195, 211, 218, 220, 323, 343, 120B I.P.C. as well as entire proceeding of Case No. 1974 of 2007 (State Vs. Sudhir & another), arising out of Case Crime No. 434 of 1999, Police Station Jawan, District Aligarh, pending in the court of learned Judicial Magistrate-III, Aligarh, are hereby quashed in terms of compromise dated 05.08.2025. 8. This application under Section 528 B.N.S.S. is accordingly allowed. April 27, 2026 Rmk. NA528 No. 43202 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad