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2025 DAILYLAW 34889 (ALL)

MANOJ KUMAR CHATURVEDI v. STATE OF U.P. AND ANOTHER

NA528/12592/2025 · 2025-08-20

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143533 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12592 of 2025 Applicant :- Manoj Kumar Chaturvedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Pratap Pandey Counsel for Opposite Party :- G.A.,Ranjana Pandey Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, and learned A.G.A. for the State. 3. The present 528 B.N.S.S. application has been filed to quash the impugned charge-sheet dated 02.07.2014, cognizance order dated 12.09.2014 as well as the entire proceeding of the Case Crime No.274 of 2014, under Section 420, 467, 468, 471 of I.P.C., Police Station Phase-II, Noida, District- Gautambudh Nagar, pending in the court of learned Civil Judge (S.D.) Fast Track Court, Gautambudh Nagar in pursuance of the compromise made between the applicant and Opposite Party no.2 dated 18.07.2024 which has been verified by the learned court concerned on the same day. 4. Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise dated 18.07.2024. Applicant approached this Hon'ble Court by filing this 528 BNSS application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 16.04.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 05.05.2025 verified the parties as well as compromise application through their counsels. Verification report/order dated 05.05.2025 has been filed with the supplementary affidavit. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 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. 5. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant 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. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned charge-sheet dated 02.07.2014, cognizance order dated 12.09.2014 as well as the entire proceeding of the Case Crime No.274 of 2014, under Section 420, 467, 468, 471 of I.P.C., Police Station Phase-II, Noida, District- Gautambudh Nagar, pending in the court of learned Civil Judge (S.D.) Fast Track Court, Gautambudh Nagar, are hereby quashed. 10. This application under Section 528 B.N.S.S. is accordingly allowed. Order Date :- 21.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad