SONU ALIAS SHAHEEN ALI SAIFI v. STATE OF U.P. AND ANOTHER
NA528/11675/2025 · 2025-08-12
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38151 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38151 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137723 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11675 of 2025 Applicant :- Sonu Alias Shaheen Ali Saifi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kishore Counsel for Opposite Party :- Sandeep Kumar,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The present 528 BNSS application has been filed to quash the charge-sheet dated 10.11.2016, summoning order dated 30.05.2024, cognizance order dated 04.06.2024 as well as entire proceedings of Case No.11120 of 2024 (State vs. Sonu alias Shaheen Ali Saifi) arising out of Case Crime No.98 of 2024, under Sections 420, 467, 468, 471, 406, 323, 504, 506 I.P.C., Police Station Kankarkhera, District Mederut, pending in the court of Chief Judicial Magistrate, Meerut, in terms of compromise dated
20.01.2025.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated
20.01.2025. Learned counsel for the applicant next submits that allegation alleged in the FIR discloses civil nature dispute and informant/opposite party no.2 does not to pursue the case against the applicant. It is next submitted that the applicant filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 09.04.2025 directed the parties to appear before the court below for verification of compromise dated 20.01.2025 (Annexure 4 to the affidavit) within six weeks. The
order dated 09.04.2025 is being quoted below:-
"Sri Sandeep Kumar, Advocate has filed his vakalatnama on behalf of opposite party no. 2 is taken on record.
Learned counsel for the applicant, Sri Sandeep Kumar, learned counsel for opposite party no.2 and learned AGA for the State are present.
Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 420, 467, 468, 471, 406, 323, 504, 506 of I.P.C. on the basis of compromise dated 20.1.2025. Certified copy of compromise is annexed as annexure 4 of the affidavit. 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. Applicant is directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case as fresh on 13.8.2025, showing the name of Sri Sandeep Kumar, as counsel for opposite party. Till the next date of listing, further proceedings of Case No. 11120 of 2024, arising out of Case Crime No.98 of 2024, under Sections 420, 467, 468, 471, 406, 323, 504, 506 of I.P.C., P.S. Kankarkhera, District Meerut, shall remain stayed against the applicant." 4.Pursuant to the said order dated 09.04.2025, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 08.05.2025 has passed the verification order. A copy of the same is annexed with the Annexure SA1 to the supplementary affidavit. 5. Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs.
State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs.
State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Case No.11120 of 2024 (State vs. Sonu alias Shaheen Ali Saifi) arising out of Case Crime No.98 of 2024, under Sections 420, 467, 468, 471, 406, 323, 504, 506 I.P.C., Police Station Kankarkhera, District Mederut, pending in the court of Chief Judicial Magistrate, Meerut, is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed.
Order Date :- 13.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad