Neutral Citation No. - 2025:AHC:136655 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11428 of 2025 Applicant :- Munendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Patel Counsel for Opposite Party :- Shashi Kumar Tiwari,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet no. 160 of 2022 (dated 08.05.2022), summoning/ cognizance order dated 14.06.2022 passed by Chief Judicial Magistrate, Sambhal at Chandausi as well as the entire proceeding of Case No. 3143 of 2022 (State Vs Munendra Singh and others), arising out of Case Crime No. 151 of 2022, under Sections 323, 325 I.P.C, Police Station Chandausi, District Sambhal, pending in the Court of Learned Chief Judicial Magistrate, Sambhal at Chandausi. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant 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:- "Supplementary affidavit filed today is taken on record. Sri Brij Kishore Singh, Advocate holding brief of Sri Shashi Kumar Tiwari, Advocate filed vakalatnama on behalf of opposite party no. 2 which is taken on record. Office is directed to show the name of Sri Shashi Kumar Tiwari, in the appropriate column of counsel in the next cause list. Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 323, 325of I.P.C. on the basis of compromise dated 10.6.2024. It is further submitted that both the parties sustained injuries in the same incident. Original compromise is on record as Annexure-1 to the supplementary affidavit filed today. Office is directed to send the same to court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned for verification of compromise within six weeks from today. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 12.8.2025, as fresh. Till the next date of listing, further proceedings of Case No. 3143 of 2022, arising out of Case Crime No. 151 of 2022, under Sections 323, 325 of I.P.C., P.S. Chandausi, District Sambhal, shall remain stayed against the applicants. " 4. In pursuance of order of this Court dated 08.04.2025, the Trial court vide order dated 18.04.2025 verified the parties as well as compromise application through their counsels. Verification order/report dated 18.04.2025 has been forwarded to this Court by In-charge Chief Judicial Magistrate, Sambhal at Chandausi through its letter dated 21.04.2025, which is not legible. Counsel for the applicants has filed the certified copy of the Verification report/order dated 18.04.2025, which is taken on record. 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 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 charge-sheet no. 160 of 2022 (dated 08.05.2022), summoning/ cognizance order dated 14.06.2022 passed by Chief Judicial Magistrate, Sambhal at Chandausi as well as the entire proceeding of Case No. 3143 of 2022 (State Vs Munendra Singh and others), arising out of Case Crime No. 151 of 2022, under Sections 323, 325 I.P.C, Police Station- Chandausi, District- Sambhal, pending in the Court of Learned Chief Judicial Magistrate, Sambhal at Chandausi, are hereby quashed. 10. 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