JAIKI ALIAS ARJUN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10549/2025 · 2025-10-05
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35107 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35107 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10549 of 2025 Court No. - 92 (Sl.No.14) HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Tej Om Prakash Gupta, learned counsel for the applicants, Sri Atul Kumar Singh, Advocate holding brief of Sri Shiv Shankar Kaithal, learned counsel for opposite party no.2 and Sri Mayank Awasthi, learned A.G.A. for the State.
2. The instant application has been filed seeking quashing of the entire proceedings of Case No.10567 of 2022 (State vs. Jaiki and others), arising out of Case Crime No. 120 of 2022 under sections 352, 504, 506, 324 IPC, P.S. Narkhi, District Firozabad on the basis of compromise dated
13.01.2025.
3. Learned counsel for the applicants submits that the incident as alleged has taken place due to trivial dispute between the parties and during the pendency of the instant case before the trial court, the parties have settled their disputes amicably and a compromise dated 13.01.2025 was arrived at between the parties, according to which the parties have settled all their disputes and the opposite party no.2 does not wish to proceed the case any further against the applicants in view of the aforesaid settlement. Vide
order dated 30.05.2025, this Court had directed the parties to appear before the trial court concerned for verification of the compromise. As per report dated 04.07.2025 received from Additional Chief Judicial Magistrate, Firozabad, the compromise between the parties has been duly verified by the trial court vide order dated 04.07.2025. Copy of the order has also been annexed along with the report of the Additional Chief Versus Counsel for Applicant(s) : Tej Om Prakash Gupta Counsel for Opposite Party(s) : Shiv Shankar Kaithal, G.A. Jaiki Alias Arjun And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Judicial Magistrate and the affidavit in support of the compromise has also been filed by the parties concerned before the trial court. Thus,
learned counsel for the applicant seeks quashing of the entire proceeding on the basis of the said compromise, which has been duly verified in presence of the parties by the trial court. 4. Learned counsel for the opposite party no.2 does not dispute the the aforesaid facts and admits the factum of settlement of dispute and execution of compromise and its verification by the trial court. Learned AGA also does not oppose the prayer for quashing of the proceeding in view of the aforesaid compromise arrived at between the parties. 5. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that due to a trivial dispute between the parties, the alleged incident is stated to have been occurred. As per the injury report, the injury sustained by Kishan Pal, opposite party no.2 herein is simple in nature and during the pendency of the case, the parties settled their dispute amicably and a compromise dated 13.01.2025 was executed, which has been duly verified by the trial court vide order 04.07.2025 in terms of the order dated 30.05.2025 passed by this Court. The report in this regard has been sent by the Additional Chief Judicial Magistrate, Firozabad annexing therewith the affidavits filed by the parties in support of the compromise as well as the copy of the order dated 04.07.2025 and in view of the compromise entered into between the parties, there is remote and bleak chances of conviction of the applicants herein. With the aforesaid settlement, the peace will prevail in the society and continuance of the aforesaid criminal proceedings will not serve any fruitful purpose in view of the settlement of disputes between parties. 6. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed. 7.
In view thereof, the instant application is accordingly allowed and the NA528 No. 10549 of 2025 2
proceedings of Case No.10567 of 2022 (State vs. Jaiki and others), arising out of Case Crime No. 120 of 2022 under sections 352, 504, 506, 324 IPC, P.S. Narkhi, District Firozabad, are hereby quashed. October 6, 2025 Ashish Pd. NA528 No. 10549 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad