HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.26) Neutral Citation No. - 2025:AHC:142177 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 11089 of 2025 Applicant :- Dharmpal Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alauddin Counsel for Opposite Party :- Fakhruddin,G.A. Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today in court by the learned counsel for the applicant is taken on record. 2. Heard Shri Alauddin, learned counsel for the applicant, Shri Fakhruddin, learned counsel for the opposite party no. 2 and Shri O.P. Mishra, learned A.G.A. for the State. 3. The instant application under section 528 BNSS has been filed seeking quashing of the entire criminal proceedings as well as the charge sheet dated 27.7.2020 in Case No. 15209 of 2021 (State V Dharmpal and others) arising out of Case Crime No. 210 of 2020 under sections 323, 325, 504 IPC police station Mahuli District Sankt Kabir Nagar pending before the C.J.M. Sant Kabir Nagar District Sant Kabir Nagar on the basis of compromise took place between the parties. 4. Learned counsel for the applicant submits that the applicant and the opposite party no. 2 are residents of same village and there was a boundary dispute with regard to agricultural field between them due to which an incident has taken place on 9.7.2020 and the opposite party no. 2 has lodged the instant FIR against the applicants herein. However, during the pendency of the proceedings before the trial court the parties have settled their dispute amicably and a compromise dated 26.3.2025 was entered between the parties. Thereupon the instant application has been filed by the applicant seeking quashing of the entire proceedings of the instant case in view of the aforesaid compromise dated 26.3.2025. Parties appeared before the trial court and in the presence of the parties, the trial court has verified the compromise executed between the parties vide order dated 21.4.2025, which has been annexed as Annexure SA1 to the supplementary affidavit filed today. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case on the basis of the compromise. 5. Learned counsel for the opposite party no. 2 does not dispute the aforesaid facts and supported the quashing of the entire proceedings in view of the settlement dated 26.3.2025, 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 supports the 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 the applicants and opposite party no. 2 are the family members and resident of the same village and there was a boundary wall dispute with regard to the agricultural field due to which an incident has taken on 9.7.2020 for which the opposite party no. 2 has lodged the instant FIR against the applicants herein. Thereafter during the pendency of the proceedings before the trial court the parties have entered into a compromise dated 26.3.2025 and settled their all disputes amicably. The said compromise has also been verified by the trial court vide order dated 21.4.2025, in terms of the order of this court. Certified copies of the compromise and the order verifying the said compromise have also been annexed as Annexure-SA-1 with the supplementary affidavit filed today. 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 entire proceedings of Case No. 15209 of 2021 (State V Dharmpal and others) arising out of Case Crime No. 210 of 2020 under sections 323, 325, 504 IPC police station Mahuli District Sankt Kabir Nagar pending before the C.J.M. Sant Kabir Nagar District Sant Kabir Nagar as well as the charge sheet dated 27.7.2020 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