HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.30) Neutral Citation No. - 2025:AHC:142357 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 11138 of 2025 Applicant :- Azeem Malik And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Araf Khan,Tauseef Khan Counsel for Opposite Party :- Ankit Srivastava,G.A. Hon'ble Anish Kumar Gupta,J. 1. A supplementary affidavit has been filed by the learned counsel for the applicant today in Court. The same is taken on record. 2. Heard Ms. Sonakshi Arora holding brief of Shri Araf Khan, learned counsel for the applicant, Shri Ankit Srivastava, learned counsel for the opposite party no. 2 and Shri Anil Kumar Singh, learned A.G.A. for the State. 3. The instant application under section 528 BNSS has been filed seeking quashing of the cognizance/summoning order dated 25.10.2024 passed by the Addl. Chief Judicial Magistrate, Aligarh in Crl. Case No. 33425 of 2024, charge sheet dated 18.8.2022 and the entire criminal proceedings of Case Crime No. 504 of 2021 under sections 147, 148, 149, 323, 504, 506 IPC police station Civil Lines, District Aligarh. 4. Learned counsel for the applicants submits that an application under section 156(3) Cr.P.C. has been filed by the opposite party no. 2 alleging therein that on 2.8.2021 when his brother-opposite no. 3 went to study at his friend place and entered in the Gate, he was assaulted by the applicants herein and in the incident he sustained injuries. On the basis of the aforesaid application under section 156(3) Cr.P.C. the FIR was registered. Thereupon investigation was carried out and a charge sheet has been filed against the applicants for the offences under sections 147, 148, 149, 323, 504, 506 IPC. During the pendency of the proceedings before the trial court the parties have settled their dispute amicably and a compromise dated 7.3.2025 has been executed between the parties. Learned counsel for the applicants submits there was a trivial dispute between the parties due to which aforesaid incident is alleged to have taken place. Subsequent thereto, the parties have already settled all their dispute amicably and vide order dated 7.4.2025 this court had directed the parties to approach the trial court for verification of the said compromise dated 7.3.2025 entered into between the parties. Vide order dated 1.7.2025, the trial court has verified the compromise arrived at between the parties. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case. 5. Learned counsel for the opposite party no. 2 does not dispute the aforesaid facts and supports the prayer for quashing of the entire proceedings in view of the settlement dated 7.3.2025, which has been duly verified by the trial court pursuant to the order passed by this court. 6. Looking at the nature of the instant case and the settlement between the parties, learned A.G.A. also do not oppose the prayer for quashing of the entire proceedings of the instant case, as prayed by the learned counsel for the applicant. 7. Having heard the rival submissions of the learned counsel for the parties this court has carefully gone through the record of the case. From the record it is apparent that there was a trivial dispute between the parties due to which aforesaid incident is alleged to have taken place. Subsequent thereto, the parties have already settled all their dispute amicably and a compromise dated 7.3.2025 has been executed between the parties. The said compromise has also been verified by the trial court vide order dated 1.7.2025, in terms of the order of this court. Certified copies of the compromise and the order verifying the said compromise have also been brought on record. 8. In view thereof, no fruitful purpose will be served by keeping this criminal proceeding pending against the applicants herein, in view of the settlement between the parties. Therefore, the instant application is allowed in terms of the compromise between the parties and the cognizance/summoning order dated 25.10.2024 passed by the Addl. Chief Judicial Magistrate, Aligarh in Crl. Case No. 33425 of 2024, charge sheet dated 18.8.2022 and the entire criminal proceedings of Case Crime No. 504 of 2021 under sections 147, 148, 149, 323, 504, 506 IPC police station Civil Lines, District Aligarh are hereby quashed in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67. Order Date :- 19.8.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad