Neutral Citation No. - 2025:AHC:136627 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11224 of 2025 Applicant :- Neeraj Singh And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Kumar Singh,Suraj Kumar Singh Counsel for Opposite Party :- Arvind Kumar Singh,G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 to 4, and learned A.G.A. for the State. 3. The present 528 B.N.S.S. application has been filed to quash the entire proceeding of Session Trial No. 935 of 2022 (State Vs. Kamla Singh and others), arising out of Case Crime No.0225 of 2020, under Sections 323, 504, 506, 307, 326, 34 IPC, Police Station- Kapsethi, District- Varanasi, pending in the Court of Special Judge (Prevention of Corruption Act) -IV, Varanasi, on the ground of joint compromise filed by the parties. 4. Learned counsel for the applicants submitted that both the parties have lodged first information reports against each other. He next submitted that applicants and opposite party nos. 2 to 4 are family members. Injuries received by the injured are grievous in nature but parties have amicably settled their dispute out of the Court and entered into a compromise. Applicants approached this Hon'ble Court by filing this 528 B.N.S.S. application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 08.04.2025 passed following order:- "Sri Arvind Kumar Singh and Shri Anurag Singh Yadav, Advocates have filed Vakalatnama on behalf of the opposite party nos. 2, 3 & 4, which is taken on record. Learned counsel for both the parties submitted that parties settled their dispute with regard to offence punishable under Sections 323, 504, 506, 307, 326, 34 of I.P.C. on the basis of compromise dated 1.2.2025. It is further submitted that both the parties sustained injury in the same incident. It is further submitted that no prosecution evidence has been recorded till today. Certified copy of the said compromise is on record as Annexure-6 to the affidavit. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the verified compromise as well as verification proceedings. Learned A.G.A. may file counter affidavit, if any, till the next date of listing. Put up this case as fresh on 12.8.2025 showing the name of Shri Arvind Kumar Singh and Shri Anurag Singh Yadav as counsels for the opposite party Nos. 2, 3 & 4. Till the next date of listing, further proceedings of Session Trial No. 935 of 2022 (State Vs. Kamla Singh and others), arising out of Case Crime No. 225 of 2020, under Sections 323, 504, 506, 307, 326, 34 of I.P.C., Police Station- Kapsethi, District Varanasi, pending in the Court of Special Judge (Prevention of Corruption Act)-IVth, Varanasi shall remain stayed against the applicants. " 5. In pursuance of this Court order dated 08.04.2025, the Trial court vide order dated 13.05.2025 verified the parties as well as the contents of the compromise application through their counsels. Verification Report dated 13.05.2025 has filed with the supplementary affidavit. He further submitted that applicants and opposite party nos. 2 to 4 compromised the matter and opposite party nos. 2 to 4 do not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos. 2 to 4 have settled through compromise their dispute and as such opposite party nos. 2 to 4 do not wish to press the aforesaid case against the applicants. Opposite party nos. 2 to 4 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. Learned counsel appearing for the opposite party nos. 2 to 4 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party nos. 2 to 4 have no objection, if the proceedings in the aforesaid case are quashed. 7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. 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. 9. 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. 10. Accordingly, the impugned proceedings of Session Trial No. 935 of 2022 (State Vs. Kamla Singh and others), arising out of Case Crime No. 0225 of 2020, under Sections 323, 504, 506, 307, 326, 34 IPC, Police Station- Kapsethi, District- Varanasi, pending in the Court of Special Judge (Prevention of Corruption Act) -IV, Varanasi, are hereby quashed. 11. This application under Section 528 B.N.S.S. is accordingly allowed. Order Date :- 12.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad