BALVEER SAHAI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/13591/2025 · 2026-05-04
Harvir Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3152 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3152 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13591 of 2025 Court No. - 81 HON'BLE HARVIR SINGH, J.
1. Supplementary affidavit filed on behalf of applicants is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the material available on record. 3. The applicants by means of present application have invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Complaint Case No. 628 of 2019 (Deepak vs. Balveer and others), under Sections 406 and 506 I.P.C., P.S. Chandausi, District- Sambhal, pending in the Court court of Civil Judge (J.D.), Sambhal, as well as cognizance/summoning order dated 24.7.2023 passed by A.C.J.M, Chandausi, District-Moradabad. 4. As per record, a settlement was arrived at between the parties on 26.5.2022, the copy of the same is on record. The said settlement/compromise dated 26.5.2022 was verified by learned Judicial Magistrate, Sambhal at Chandausi on 25.6.2025, copy whereof has been filed as Annexure-1 to the supplementary affidavit. 5. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 26.5.2022 and the same has been verified by the court concerned on 25.6.2025, therefore, the present case be decided finally. The said compromise verification order has been filed as Annexure-1 to the supplementary affidavit. Versus Counsel for Applicant(s) : Dharmendra Pratap Singh Chauhan Counsel for Opposite Party(s) : Anil Kumar, G.A. Balveer Sahai And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Learned counsel appearing for opposite party no.2 has not disputed the facts, as stated by learned counsel for the applicants. He further contended that, opposite party no.2 does not want to proceed with the criminal case against the applicants and the same may be quashed. 7. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the parties and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 8.
In view of the fact that, the parties do not want to pursue the case any further, as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise dated 4.8.2025, no useful purpose would be served in proceeding with the matter further. 9. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir 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 Narayan, (2019) 5 SCC 688, summoning order dated 7.9.2024 passed by learned Special Judge Dacoity Affected Area/Additional Sessions Judge-III, Farrukhabad and well as the entire proceedings of the aforesaid case is hereby quashed. 10. The present application under Section 528 BNSS, 2023 is accordingly allowed. May 5, 2026 Faridul NA528 No. 13591 of 2025 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad