NIRANJAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9730/2025 · 2025-09-14
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31955 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9730 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the entire proceeding originated upon a Charge sheet dated 16.07.2016 as well as summoning/cognizance order dated 26.07.2018 passed In criminal case No.1832 of 2018, (State vs. Niranjan & others) arising out of Case Crime No.433 of 2016, Under Sections-,323,325,504,427. I.P.C. Police Station Rampur District- Jaunpur, pending in the court of A.C.J.M.5, Jaunpur. 3. Learned counsel for the applicants submitted that it is alleged in the FIR that on account of old enmity, applicants assaulted opposite party No.2 and three other persons, as a result thereof, they received injuries, which are grievous in nature. He further submits that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 528 BNSS application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 03.04.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 13.05.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil Versus Counsel for Applicant(s) : Rajesh Kumar Gaur Counsel for Opposite Party(s) : Adarsh Kumar Pandey, G.A. Niranjan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. 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. 4. It is further stated that present case is a cross case, applicant has lodged FIR as Case Crime No.433 of 2016, against the informant and others in which both parties have compromised the matter and has filed 528 BNSS application bearing No.9730 of 2025 to quash the criminal proceedings on account of compromise.
The Court by order dated 03.04.2025 has directed the parties to appear before trial court. Counsel submits that parties have been verified in those proceedings. 5. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 6. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 7. 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. 8. 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. NA528 No. 9730 of 2025 2
9. Accordingly, the impugned summoning/cognizance order dated 26.07.2018 passed In criminal case No.1832 of 2018, arising out of Case Crime No.433 of 2016, Under Sections-,323,325,504,427. I.P.C. Police Station Rampur District- Jaunpur, pending in the court of A.C.J.M.5, Jaunpur, is hereby quashed. 10. This application under Section 528 BNSS is accordingly allowed.
September 15, 2025 Nitin Verma NA528 No. 9730 of 2025 3 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad