Neutral Citation No. - 2025:AHC:144684 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12675 of 2025 Applicant :- Vaibhav Awasthi Alias Vaibhav Kant Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. This Court vide order dated 17.04.2025 directed the applicant to file supplementary affidavit annexing certified copy of verified compromise as well as proceedings thereof. Pursuant to the order dated 17.04.2025, learned counsel for the applicant has filed supplementary affidavit annexing verification report dated 07.03.2025, which is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present 528 B.N.S.S. application has been filed to quash the impugned order dated 20.06.2024 passed by the Learned Chief Judicial Magistrate, Jalaun at Orai and quash the Impugned Charge Sheet dated 04.06.2024 submitted by the Investigating Officer as well as the entire proceedings of the Case No. 4638 of 2024 (State of Uttar Pradesh Versus Vaibhav Awasthi), arising out of the Case Crime No. 0052 of 2024, under Sections 452, 354-B, 323, 504 Indian Penal Code, 1860 at Kotwali-Orai, District Jalaun, pending before Learned Chief Judicial Magistrate, Jalaun at Orai on the basis of the Compromise. 4. Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court and entered into a compromise. Applicant approached this Hon'ble Court by filing Application U/S 482 No. 2334 of 2025 (Vaibhav Awasthi Alias Vaibhav Kant Awasthi vs. State of U.P. and Another) with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 10.02.2025 passed following order:- "1. Vakalatnama filed by Sri Akshay Raj Singh, on behalf of opposite party no.2 is taken on record. 2. Heard Sri Ajay Sengar, learned counsel for the applicant, Sri V.S.Kushwaha, learned AGA for the State/opposite party no.1 and Sri Akshay Raj Singh, learned counsel for the opposite party no.2. 3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Case No. 4638 of 2024 (State Vs. Vaibhav Awasthi), arising out of Case Crime no. 0052 of 2024, under Sections 452, 354-B, 323, 504 IPC Police Station- Kotwali Orai, District Jalaun, pending before the court of learned Chief Judicial Magistrate, Jalaun at Orai. 4. Learned counsel for the applicants submits that the parties have entered into settlement out of the court a copy whereof is annexure-4 at page at 40 of the paper book reference whereof has been given in paragraph no.14 of the paper book dated 2.1.2025 (joint compromise affidavit). He further submits that once the parties have entered into settlement then permission be accorded to the applicant to file the compromise before the court below and the court below be directed to verify the same and interregnum period interim protection be accorded 5. Learned AGA and learned counsel for the opposite party no.2. on the other hand submit that they have no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant (parties) to submit the self attested copy of the present application along with the compromise application before the court of Chief Judicial Magistrate, Jalaun at Orai by 28.3.2025 and on the process being initiated compromise proceeding be undertaken and given a logical end by 9.5.2025. Till the compromise is verified, no coercive action shall be taken against the applicant. 7. The interim order so granted to the applicant is totally endorsed contingencies wherein the applicant strict to the time line as provided herein and in default of any of the condition the interim order stands vacated without reference to the Bench. 8. Post outcome of the compromise, it will be open for the parties to take legal recourse. " 5. Pursuant to the order dated 10.02.2025, the Trial court vide order dated 07.03.2025 verified the parties as well as compromise application through their counsels. Verification report/order dated 07.03.2025 has been filed with the supplementary affidavit. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 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. 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 impugned order dated 20.06.2024 passed by the Learned Chief Judicial Magistrate, Jalaun at Orai and quash the Impugned Charge Sheet dated 04.06.2024 submitted by the Investigating Officer as well as the entire proceedings of the Case No. 4638 of 2024 (State of Uttar Pradesh Versus Vaibhav Awasthi), arising out of the Case Crime No. 0052 of 2024, under Sections 452, 354-B, 323, 504 Indian Penal Code, 1860 at Kotwali-Orai, District Jalaun, pending before Learned Chief Judicial Magistrate, Jalaun at Orai, are hereby quashed. 10. 10. This application under Section 528 B.N.S.S. is accordingly allowed. Order Date :- 22.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad