CHAMELI DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11380/2025 · 2025-08-11
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37976 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37976 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136257 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11380 of 2025 Applicant :- Chameli Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Tiwari Counsel for Opposite Party :- Dharmendra Kumar Patel,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 BNSS application has been filed to quash the summoning/cognizance order dated 15.6.2022 passed by Chief Judicial Magistrate, Sambhal at Chandausi along-with quash the proceeding of Case No. 3170 of 2022 (New Case No. 1831/2024), arising out of Case Crime No. 64 of 2022, Under Section 323,324,325, 308, 504,506 I.P.C as well as Charge Sheet No. 149 of 2022 (Dated 20.04.2022) Police Station Chandausi, District Sambhal (State Vs Chunmun @ Vijendra and others). 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court, though injury received by injured are grievous in nature. Both the parties are family members. Applicants 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 18.04.2025 verified the parties as well as compromise application, the said verification report has been transmitted by trial court vide letter dated
30.04.2025. 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. 4. 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. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6. 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. 7. 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. 8. Accordingly, the impugned summoning/cognizance order dated 15.6.2022 passed by Chief Judicial Magistrate, Sambhal at Chandausi in Case No. 3170 of 2022 (New Case No. 1831/2024), arising out of Case Crime No. 64 of 2022, Under Section 323,324,325, 308, 504,506 I.P.C Police Station Chandausi, District Sambhal, is hereby quashed. 9. 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