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2025 DAILYLAW 3065 (ALL)

TEJPAL AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/41601/2025 · 2026-05-05

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41601 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Utkarsha Shukla, learned Counsel for the applicants, Mr. Kinshuk Shukla, learned Counsel for opposite party nos.2 and 3 and learned AGA for the State and perused the records. 2. The present application under Section 528 BNSS has been filed by the applicants with the prayer to quash the summoning/cognizance order dated 20.09.2023 as well as entire proceedings of S.T. no. 378 of 2024, State v. Tejpal and others, arising out of Case Crime No. 175 of 2022, under Sections 308, 325, 323, 504 and 506 I.P.C., Police Station Aliganj, District Bareilly, pending before the Court of Additional District Judge/FTC-I, Bareilly. 3. Learned Counsel for the applicants has submitted that the applicants and opposite party nos. 2 and 3 have compromised the dispute. It is further argued that the said compromise has also been verified by the concerned Trial Court, as such the proceedings against the applicants may be quashed. 4. Learned counsel for opposite party nos.2 and 3 admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicants. 5. From the perusal of the record it is apparent that parties have entered into compromise and have settled their dispute amicably. 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 Versus Counsel for Applicant(s) : Utkarsha Shukla Counsel for Opposite Party(s) : G.A., Kinshuk Shukla Tejpal And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 as prayed for by the applicants. 8. The entire proceedings of the aforesaid case are hereby quashed. 9. The present application is allowed. May 6, 2026 Vijay NA528 No. 41601 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad