Neutral Citation No. - 2025:AHC:31628 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7191 of 2025 Applicant :- Mohd Athar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parvez Alam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Parvez Alam, learned counsel for the applicants, Mohd. Israr, learned counsel for the opposite party no.2 as well as Mr. Amit Singh Chauhan, learned counsel for the State and perused the material on record. This application U/S 528 BNSS has been filed by the applicants with the prayer to quash the charge sheet dated 11.06.2023 along with Summoning/Cognizance order dated 19.08.2023 and the entire proceeding of Criminal Case No.9110 of 2023, arising out of Case Crime No.0079 of 2023, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Kotwali, District- Bareilly, pending in the court of Chief Judicial Magistrate, District- Bareilly, on the basis of compromise. Earlier the applicants have approached this Court by means of filing Application U/S 528 BNSS No.33626 of 2024 (Mohd. Athar And Another vs. State of U.P. and Another) wherein vide order dated 02.12.2024, 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 Chief Judicial Magistrate vide order dated 09.01.2025 in the presence of both the parties along with their respective counsels. Certified copy of the aforesaid order dated 09.01.2025 has been annexed on page no.95 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 as well as learned counsel for the opposite party no.2 also accept 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 Criminal Case No.9110 of 2023, arising out of Case Crime No.0079 of 2023, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Kotwali, District- Bareilly, pending in the court of Chief Judicial Magistrate, District- Bareilly, 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