YOGENDRA SINGH ALIAS HANDRE AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/24760/2025 · 2026-05-04
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3268 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3268 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24760 of 2025 Court No. - 75 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Sri Tarun Jha, learned counsel for the applicants, Sri Vishvam Dwivedi, Advocate holding brief of Sri Mohinish Agnihotri, learned counsel for the opposite party no.2 and Sri V.D. Ojha, learned counsel for the State and perused the record. 3. This application under Section 482 Cr.P.C. / 528 B.N.S.S. has been filed by the applicants- Yogendra Singh @ Handre and Raghvendra, with the prayer to allow this application and quash the entire proceeding as well as summoning order dated 10.11.2023 in Special Session Trial no. 55 of 2023 (Ramu @ Raghuveer Rajak Vs. Yogendra @ Handre), arising out of Complaint Case No. 60 of 2022, under Sections 323, 504, 506 of I.P.C. and 3(1) da dha of SC/ST Act, pending in the Court of learned Special Judge SC/ST Act, Jalaun at Orai, Police Station Jalaun, District- Jalaun on basis of compromise, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application. 4. The office vide its report dated 04.05.2026, reported that a report from the Additional District & Sessions Judge / Special Judge (SC / ST Act), Jalaun at Orai has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 14.08.2025. The said report also states that as per the report dated 11.08.2025 of the District Social Welfare Officer, Jalaun at Orai no proposal for any compensation was forwarded to be paid to the first informant / opposite party no.2. 5. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A., Mohinish Agnihotri Yogendra Singh Alias Handre And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
in which an order for verification of the compromise was passed on
16.07.2025.
It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 14.08.2025. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties. 6. Learned counsel for the opposite party no.2 and learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court. 7. 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 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. 8. 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 entire proceedings of case as prayed for by the applicants. 9. The present application is allowed. 10. The entire proceedings of the said case are hereby quashed.
May 5, 2026 AS Rathore NA528 No. 24760 of 2025 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad