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2025 DAILYLAW 34592 (ALL)

BECHAN KHAN AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10844/2025 · 2025-09-03

Sanjay Kumar Pachori

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10844 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. 1. Supplementary affidavit filed today by learned counsel for the applicants is taken on record. 2. Heard Sri Neeraj Tripathi, Advocate holding brief of Shri Raj Kumar Kesari, learned counsel for the applicants, Sri Aijaz Ahmad Khan, learned counsel for the opposite party no. 2, Sri A.K. Rai, learned A.G.A. for the State and perused the material on record. 3. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of criminal case No. 25794 of 2022, arising out of case crime No. 67 of 2022, under Sections 147, 323, 504, 506, I.P.C., Police Station- Dildar Nagar, District Ghazipur as well as cognizance/summoning order dated 5.9.2022, pending in the court of Judicial Magistrate, Court No. 16, Ghazipur. 4. Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to the offence punishable under Sections 147, 323, 504, 506, I.P.C. on the basis of compromise dated 20.2.2025. Certified copy of the verified compromise as well as verification proceedings are on record as Annexure-1 to the supplementary affidavit. On being arrived at mutual consent, both the parties have come to terms and decided to part their ways and therefore, no useful purpose would be served to keep the matter alive and pending the present case be finally decided. 5. Learned counsel for opposite party no. 2 argued that as the applicants have already arrived at amicable settlement on 20.2.2025, therefore, opposite party no. 2 is no more interested to pursue the case any more Versus Counsel for Applicant(s) : Raj Kumar Kesari Counsel for Opposite Party(s) : Aijaz Ahmad Khan, G.A. Bechan Khan And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against the applicants. 6. Both the parties entered into a amicable settlement, and fact of compromise has been confirmed and admitted by learned counsel for the parties and has jointly submitted that in the interest of justice the proceedings may be quashed in the light of the compromise. 7. Keeping in mind the position of law laid down by the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 and Parbathbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of Gujarat & another, (2017) 9 SCC 641 and facts, circumstances of the case, the present application under Section 528 of B.N.S.S., 2023 stands allowed. 8. The entire proceedings relating to criminal case No. 25794 of 2022, arising out of case crime No. 67 of 2022, under Sections 147, 323, 504, 506, I.P.C., Police Station- Dildar Nagar, District Ghazipur as well as cognizance/summoning order dated 5.9.2022, pending in the court of Judicial Magistrate, Court No. 16, Ghazipur, is, hereby, quashed. 9. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 10. The parties may file the certified copy of this order before the court concerned within four weeks from today. 11. Interim order, if any, stands vacated. September 4, 2025 T. Sinha NA528 No. 10844 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad