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Neutral Citation No. - 2025:AHC:136255 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11414 of 2025 Applicant :- Sonu And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.,Sudhakar Yadav Hon'ble Deepak Verma,J.
1. Supplementary affidavit, filed today by applicants' counsel annexing therewith verification report/order dated 19.05.2025, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 3. The present 528 BNSS application has been filed to quash the charge sheet no. 188 of 2022 dated 05.04.2022 as well as cognizance/summoning order dated 17.06.2022 and entire proceeding of computer no. 38188 of 2022, CNR No. UPMO040443592022 (State Vs. Sonu and others) Under Sections 147, 148, 452, 354, 323, 324, 504, 506 IPC, arising out of case crime no. 153 of 2022, Police Station- Katghar, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate-I, Moradabad, in pursuance of compromise taken place between the parties on 27.10.2023. 4. Learned counsel for the applicants submitted that applicants and opposite party no.2/injured have amicably settled their dispute out of the Court and entered into compromise on 27.10.2023 and
07.12.2023. 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 08.04.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 19.05.2025 verified the parties as well as compromise application, the same has been filed as SA-1 to the supplementary affidavit. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants 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 applicants. Opposite party no.2/injured 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. 5.
Learned counsel appearing for the opposite party no.2 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 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 cognizance/summoning order dated 17.06.2022 passed in computer no. 38188 of 2022, CNR No. UPMO040443592022, Under Sections 147, 148, 452, 354, 323, 324, 504, 506 IPC, arising out of case crime no. 153 of 2022, Police Station- Katghar, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate-I, Moradabad, is hereby quashed. 10. This application under Section 528 BNSS is accordingly allowed. Order Date :- 12.8.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad