Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 9383 of 2025 Applicant :- Devesh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Pankaj Bharti, learned counsel for the applicant, Ms. Kirti Singh, learned AGA for the State and perused the records. 2. The present application has been filed for quashing the cognizance/summoning order dated 29.09.2011 as well as the entire proceedings of Case No.6166/9 of 2011 (State vs. Devesh Sharma and othres), arising out of Case Crime No.358 of 2010, under Sections 307, 506 IPC, Police Station-Kotwali, District- Muzaffar Nagar, pending before the court of Chief Judicial Magistrate, Muzaffar Nagar on the basis of compromise. 3. Earlier, the applicant has approached before this Court by means of filing an application U/s 482 Cr.P.C. bearing No.40592 of 2011, wherein on 12.08.2024, the Co-ordinate Bench of this Court passed the following order:- "Heard learned counsel for both the parties and perused the record. It is submitted by the learned counsel for the applicant that in this case the parties have entered into a compromise and settled their dispute amicably regarding which a compromise was filed before the learned trial court on 15.11.2022 and the certified copy of compromise is on record, therefore, request to direct the learned trial court to verify the compromise and then to quash the entire proceedings of the case in terms of compromise between the parties. Learned A.G.A has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, learned A.G.A and the fact of compromise between the parties, since the compromise has been filed before the learned trial court, therefore, the parties are directed to appear before the learned trial court within a period 30 days from today and the learned trial court is to verify the compromise and then the parties may file fresh application before this Court along with certified copy of compromise. Accordingly, the application under section 482 Cr.P.C is disposed of finally. In the meantime no coercive action shall be taken against the applicant." 4. In compliance of the aforesaid order, the compromise between the parties has been verified by order dated 22.08.2024 passed by Chief Judicial Magistrate, Muzaffar Nagar in the presence of the parties along with their respective counsels. A certified copy of the order dated 22.08.2024 has been annexed as Annexure No.3 to this application. 5. Learned counsel for the applicant submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court. 6. Learned A.G.A. for the State does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants. 7. Before proceeding any further it shall be apt to make a brief reference to the following cases:- 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. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, 8. In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 10. Accordingly, the cognizance/summoning order dated 29.09.2011 as well as the entire proceedings of Case No.6166/9 of 2011 (State vs. Devesh Sharma and othres), arising out of Case Crime No.358 of 2010, under Sections 307, 506 IPC, Police Station-Kotwali, District-Muzaffar Nagar, pending before the court of Chief Judicial Magistrate, Muzaffar Nagar is hereby quashed. 11. The application is, accordingly, allowed. There shall be no order as to costs. 12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud. 13. A copy of this order be sent to the lower court forthwith. Order Date :- 13.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad