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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50056 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Amit Kumar, learned counsel for the applicants, Sri Anil Kumar Ojha, learned A.G.A. for the State, Sri Dhananjay Kumar, learned counsel for the opposite party no. 2 and perused the record. 3. The present application under Section 528 B.N.S.S. has been filed for quashing the charge sheet no. 152 of 2025 dated 31.08.2025 as well as cognizance order dated 09.09.2025 passed by the learned Chief Judicial Magistrate, Bijnor in Case No. 14172 of 2025 (State vs. Shahbaj and other), arising out of Case Crime No. 150 of 2025 under Sections 191(2), 190, 109(1), 352, 118(1) B.N.S. at P.S.- Kiratpur, District Bijnor pending in the court of learned Chief Judicial Magistrate, Bijnor on the basis of compromise. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants have approached this Court by filing this application under Section 528 BNSS with prayer to quash the proceedings in terms of compromise entered between the parties and this Court vide order dated 13.01.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 03.04.2026 verified the parties as well as compromise application. 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. Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : Dhananjay Kumar, G.A. Shahbaz And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 5. Learned counsel for the opposite party no. 2 and learned A.G.A. submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, charge sheet no. 152 of 2025 dated 31.08.2025 as well as cognizance order dated 09.09.2025 passed by the learned Chief Judicial Magistrate, Bijnor in Case No. 14172 of 2025 (State vs. Shahbaj and other), arising out of Case Crime No. 150 of 2025 under Sections 191(2), 190, 109(1), 352, 118(1) B.N.S. at P.S.- Kiratpur, District Bijnor pending in the court of learned Chief Judicial Magistrate, Bijnor, are hereby quashed in terms of compromise dated 01.12.2025. 9. This application under Section 528 B.N.S.S. is accordingly allowed. May 14, 2026 Rmk. NA528 No. 50056 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad