MANNU THAKUR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10605/2025 · 2025-08-12
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34148 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34148 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137787 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10605 of 2025 Applicant :- Mannu Thakur And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Araf Khan,Sonakshi Arora Counsel for Opposite Party :- Ankit Srivastava,G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today on behalf of the applicants, is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record.
3. The present 528 BNSS application has been filed to quash the charge-sheet dated 17.04.2018, cognizance/summoning order dated 24.12.2018, as well as entire proceedings of Case No.12979 of 2018 arising out of Case Crime No.936 of 2017, under Sections 147, 323, 506 I.P.C., Police Station Civil Lines, District Aligarh, pending in the court of Chief Judicial Magistrate, Meerut.
4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated
07.03.2025. It is next submitted that the applicants filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 09.04.2025 directed the parties to appear before the court below for verification of compromise dated 07.03.2025 (Annexure 3 to the affidavit) within six weeks. The
order dated 07.03.2025 is being quoted below:-
"Ms Sonakshi Arora, learned counsel for the applicants, Ms Mayuri Mehlotra, learned counsel holding brief of Sri Ankit Srivastava, learned counsel for opposite party no. 2 and learned A.G.A for the State are present.
Learned counsel for both the parties jointly submits that the parties settled their dispute with regard to offence punishable under Sections 147, 323, 506 of I.P.C on the basis of compromise dated 07.03.2025. A certified copy of the compromise dated 07.03.2025 is on record as Annexure-3. Office is directed to send the same to court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned for verification of compromise within six weeks from today. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 13.08.2025 as fresh. Till the next date of listing, proceeding of Criminal Case No. 12979 of 2018, arising out of Case Crime No. 936 of 2017, under Sections 147, 323, 506 of Indian Penal Code, registered at Police Station- Civil Lines, District- Aligarh, pending in the court of Additional Sessions Judge/F.T.C-1st, Hathras shall remain stayed against the applicants." 5.Pursuant to the said order dated 09.04.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 15.05.2025 has passed the verification order. A copy of the same is annexed with the Annexure SA1 to the supplementary affidavit. Learned magistrate has also forwarded the compromise/verification report through letter dated
09.07.2025. The same is available on record. 6. Learned counsel for the applicant has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 7. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8.
Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Case No.12979 of 2018 arising out of Case Crime No.936 of 2017, under Sections 147, 323, 506 I.P.C., Police Station Civil Lines, District Aligarh, pending in the court of Chief Judicial Magistrate, Meerut is hereby quashed. 9. The application under Section 528 BNSS is accordingly allowed.
Order Date :- 13.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad