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2025 DAILYLAW 29842 (ALL)

HEM SWAROOP VERMA v. STATE OF U.P. AND 2 OTHERS

NA528/9016/2025 · 2025-09-21

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9016 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Verification report dated 26.08.2025 filed by the applicant through supplementary affidavit, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. The present 528 BNSS application has been filed to quash the charge-sheet No.332 of 2023 dated 23.12.2023, cognizance order dated 07.10.2024 as well as entire proceedings of Case No.3240 of 2024 (State vs. Hem Swaroop Verma) arising out of Case Crime No.1221 of 2021, under Sections 354Ka, 504, 506 I.P.C., Police Station Dhoomanganj, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No.16, Allahabad, on the basis of compromise. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that instant FIR lodged by opposite party no.2 who is husband of opposite party no.3 against the applicant under aforesaid sections. Investigating Officer after collecting evidence submitted charge-sheet against the applicant. Applicant and opposite party nos.2 & 3 have amicably settled their dispute and entered into compromise and has filed present application to quash the proceeding pending against the applicant on the basis of compromise entered into the parties. This Court vide order dated 20.03.2025 directed the parties to appear before the court below for verification of compromise dated 16.01.2025 (Annexure 3 to the affidavit). The order dated 20.03.2025 is being quoted below:- "Shri Quazi Mohammad Akaram, learned counsel for the opposite party Nos. 2 & 3 has filed short counter affidavit today, which is taken on record. Learned counsel for both the parties jointly submitted that parties settled their dispute Versus Counsel for Applicant(s) : Gaurav Pundir Counsel for Opposite Party(s) : Akansha Srivastava, G.A., Quazi Mohammad Akaram Hem Swaroop Verma .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) with regard to offence punishable under Sections 354-Ka, 504, 506 of I.P.C. on the basis of compromise dated 16.1.2025. Certified copy of the compromise is on record as Annexure-3 to the affidavit. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicant is directed to file supplementary affidavit annexing therewith certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 10.7.2025. Till the next date of listing, further proceedings of Case No. 3240 of 2024 (State Vs. Hem Swaroop Verma), arising out of Case Crime No. 1221 of 2021, under Sections 354-Ka, 504, 506 of I.P.C., Police Station- Dhoomanganj, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Court No. 16, Allahabad shall remain stayed against the applicant." 5. Pursuant to the said order dated 20.03.2025, parties appeared before the court below and on 26.08.2025 trial court verified and identified the parties through their counsels. A copy of the same is filed as Annexure SA-1 to the supplementary affidavit. 6. Learned counsel for the applicant has submitted that the applicants, opposite party nos.2 & 3 have settled their private and civil dispute through compromise and as such opposite party nos.2 & 3 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 & 3 are 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. 7. In view of the facts and circumstances of the case, the applicants and opposite party nos.2 & 3 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Case No.3240 of 2024 (State NA528 No. 9016 of 2025 2 vs. Hem Swaroop Verma) arising out of Case Crime No.1221 of 2021, under Sections 354Ka, 504, 506 I.P.C., Police Station Dhoomanganj, District Prayagraj, pending in the court of Additional chief Judicial Magistrate, Court No.16, Allahabad, is hereby quashed. 9. The application under Section 528 B.N.S.S. is accordingly allowed. September 22, 2025 SKD NA528 No. 9016 of 2025 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad