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2025 DAILYLAW 24868 (ALL)

YUKUB AND 9 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7180/2025 · 2025-03-04

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31684 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7180 of 2025 Applicant :- Yukub And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Phool Chandra Saroj Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Mr. Narayan Swaroop, Advocate appearing on behalf of opposite party no.2 has been filed his vakalatnama in the Court today, which is taken on record. Office is directed to register the same. Heard Mr. Phool Chandra Saroj, learned counsel for the applicants, Mr. Narayan Swaroop, learned counsel for the opposite party no.2 as well as Mr. Satyendra Nath Tiwari, learned A.G.A. for the State and perused the record. This application under Section 528 BNSS has been filed to quash the Charge Sheet No.123 of 2010 dated 24.09.2010 along with the Cognizance/Summoning order dated 06.12.2010 and the entire proceeding of Case No.1841 of 2010 (State vs. Yakub and Others), arising out of Case Crime No.207 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Loha Mandi, District- Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Agra. Earlier the applicants have approached this Court by means of filing Application U/S 482 No.39653 of 2024 (Yakub And 9 Others vs. State of U.P. and Another) wherein vide order dated 12.12.2024, the Court had directed the parties to appear before the court concerned for verification of the compromise. In compliance of the aforesaid order, the statements of parties have been recorded wherein they have stated that they have entered into compromise and no dispute remains between them. Accordingly, the compromise has been verified by learned A.C.J.M., Court No.5, Agra vide order dated 04.02.2025 in the presence of both the parties along with their respective counsels. Certified copy of the aforesaid order dated 04.02.2025 has been annexed on page no.23 of this application. Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. Learned A.G.A. for the State also accepts that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. Accordingly, the entire proceeding of Case No.1841 of 2010 (State vs. Yakub and Others), arising out of Case Crime No.207 of 2010, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Loha Mandi, District- Agra, on the basis of compromise, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. A copy of this order be sent to the lower court forthwith. Order Date :- 5.3.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad