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Neutral Citation No. - 2025:AHC:134004 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 10094 of 2025 Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- Ramendra Singh,G.A. Hon'ble Vikram D. Chauhan,J.
1. Learned counsel for the applicant has produced certified copy of the order of compromise verification today in the Court, which is taken on record.
2. Heard learned counsel for the applicants, Sri Ramendra Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
3. The present application has been filed by applicants for quashing the entire proceedings of Case No. 145 of 2018 (State Vs. Ashok Kumar), arising out of Case Crime No. 151 of 2017, under Sections 354, 506 I.P.C., Police Station Rampura, District Jalaun, pending in the Court of Civil Judge (Junior Division) / Judicial Magistrate, Jalaun, on the basis of compromise arrived at between the parties.
4. Learned counsel for the applicants submitted that the compromise has already been entered between the parties on 24.01.2025 and the same has been verified by the court concerned on 08.05.2025, therefore, the present case be finally decided.
5. Learned counsel 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. 6. Learned AGA does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 7. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a dispute and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the
F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the disputants being the villagers, have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 8. 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 victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 9. 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 24.01.2025, no useful purpose would be served in proceeding with the matter further. 10. 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, the proceedings of the aforesaid case is hereby quashed. 11. The present application under Section 528 BNSS is, accordingly, allowed.
Order Date :- 7.8.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad