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2025 DAILYLAW 34182 (ALL)

BHANU PRATAP PAL v. STATE OF U.P. AND ANOTHER

NA528/10209/2025 · 2025-09-16

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10209 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicants; learned counsel for the opposite party no.2; learned A.G.A. for the State and perused the material available on record. 3. The present 528 B.N.S.S. application has been filed to quash the entire proceedings of Criminal Case No.15988 of 2021, (State versus Bhanu Pratap Pal), Case Crime No.72 of 2021, under Sections 420 and 406 IPC, Police Station Kotwali, District Jhansi on the basis of compromise. 4. Learned counsel for the applicants submitted that both the parties have amicably settled their dispute out of the Court and entered into compromise. Present application filed for quashing the entire proceedings on the basis of compromise, pending against the applicant. This Court vide order dated 04.04.2025, directed both the parties to appear before the trial court for verification of the compromise. The order dated 04.04.2025, passed by this Court is quoted below :- "Sri Ramendra Singh, Advocate, has filed his Vakalatnama along with compromise affidavit today in Court, which are taken on record. Office is directed to show the name of Sri Ramendra Singh as counsel for the opposite party No.2 in the next cause list. Learned counsel for both the parties jointly submitted that parties Versus Counsel for Applicant(s) : Vijay Singh Sengar Counsel for Opposite Party(s) : Ramendra Singh, G.A. Bhanu Pratap Pal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have settled their dispute with regard to the offence punishable under Sections 406, 420 of IPC on the basis of compromise dated 5.2.2025. The copy of the compromise is on record as Annexure-1 to compromise affidavit filed today. Learned counsel for the applicants prays for and is granted two weeks' time to file original compromise by way of supplementary affidavit. Office is directed to send the original compromise to the court concerned for verification after retaining xerox copy of the same. Both the parties are directed to appear before the Trial Court within six weeks from today. Trial Court is directed to verify the aforesaid compromise. Applicant is directed to file certified copy of the verified compromise as well as verification report to this Court by the next date of listing. Put up this case on 5.8.2025, as fresh. Till the next date of listing, further proceedings of Criminal Case No.15988 of 2021 (State v. Bhanu Pratap Pal), arising out of Case Crime No.72 of 2021, under Sections 420, 406 of IPC, Police Station Kotwali, District Jhansi, pending in the Chief Judicial Magistrate, Jhansi, shall remain stayed, against the applicants." 5. In pursuance of the order dated 04.04.2025, both the parties have appeared before the trial court and the trial court vide order dated 01.05.2025 identified and verified the parties as well as compromise application. The verification report/order dated 01.05.2025 filed through supplementary affidavit is taken on record. 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 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 NA528 No. 10209 of 2025 2 compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. 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. 7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. 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. 9. 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. 10. Accordingly, the Criminal Case No.15988 of 2021, (State versus Bhanu Pratap Pal), Case Crime No.72 of 2021, under Sections 420 and 406 IPC, Police Station Kotwali, District Jhansi, is hereby quashed. 11. This application under Section 528 B.N.S.S. is accordingly allowed. September 17, 2025 I.A.Siddiqui NA528 No. 10209 of 2025 3 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad