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2025 DAILYLAW 2686 (ALL)

XX JUVENILE AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/46373/2025 · 2026-05-17

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46373 of 2025 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Rakesh Yadav, learned counsel for the applicants, Sri Pradep Kumar Singh, Advocate holding brief of Sri Pankaj Yadav, learned counsel for the opposite party no. 2, Sri Jitendra Singh, learned counsel for the State and perused the records. 3. The present application under Sections 528 BNSS has been filed by the applicants XX Juvenile son of Yogesh Kumar and XX Juvenile son of Yogesh Kumar, with the prayer to allow the present application and quash the entire proceeding, charge sheet dated 08.07.2025 in Criminal Case No. 62 of 2024, State Vs. Abhishek @ Raj and another, arising out of case crime No. 223 of 2023, under Sections 147, 308, 427, 506, 323, 336, 498-A I.P.C. P.S.- Dhanghata, District Sant Kabir Nagar, pending in the court of Juvenile Justice Board in terms of compromise between the parties and with a further prayer to stay the further proceedings of the said case. 4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 01.12.2025 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 16.12.2025 verified the said compromise, copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. Versus Counsel for Applicant(s) : Rakesh Yadav Counsel for Opposite Party(s) : G.A., Pankaj Yadav Xx Juvenile And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for the State has no objection to the said proposition. 6. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 7. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s). 8. The present application is allowed. 9. The entire proceeding, charge sheet dated 08.07.2025 of the aforesaid case are hereby quashed. May 18, 2026 M. ARIF NA528 No. 46373 of 2025 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad