HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13159 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants, 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 No.62/2024 dated 02.03.2024, as well as entire proceedings of Criminal Case No.4894 of 2024 (State vs. Khursheed Ahamad and others) arising out of Case Crime No.576 of 2023, under Sections 323, 308 & 34 I.P.C., Police Station Shamli, District Shamli, pending in the court of Chief Judicial Magistrate, Shamli on the basis of compromise. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants submits that applicant no.1 and opposite party no.2 (informant) are real brother and on account of some property dispute, present incident occurred and now they have amicably settled the dispute out of court and entered into compromise. They filed present application to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated 22.01.2025 (Annexure no.2 to the application). Learned counsel for the applicant next submits that wife of the informant has received grievous injuries but they have compromised the matter. This Court vide order dated 12.05.2025 directed the parties to appear before the court below for verification of compromise dated 22.01.2025 (Annexure 2 to the affidavit). The order dated 12.05.2025 is being quoted below:- "Sri Akhisesh Kumar Yadav, Advocate has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record. Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to offence punishable under Sections 323, 308, 34 of I.P.C. on the basis of compromise dated 22.1.2025. Original compromise has been filed as Annexure-2 to the affidavit. It is further submitted that both the parties are family members of common ancestor. Versus Counsel for Applicant(s) : Sandeep Tripathi Counsel for Opposite Party(s) : Akhilesh Kumar Yadav, G.A. Khursheed Ahamad And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) Office is directed to send original compromise to the court concerned for verification immediately after retaining a photocopy of the same. Both the parties are directed to appear before the court concerned within six weeks from today for verification. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the verified compromise as well as verification proceedings. Put up this case as fresh on 12.9.2025 showing the name of Shri Akhisesh Kumar Yadav as counsel for the opposite party No. 2. Till the next date of listing, further proceedings of Criminal Case No. 4894 of 2024 (State Vs. Khursheed Ahmad and others), arising out of Case Crime No. 576 of 2023, under Sections 323, 308, 34 of I.P.C., Police Station- Kotwali, District Shamli, pending in the Court of Chief Judicial Magistrate, Shamli at Kairana shall remain stayed against the applicants." 4. Pursuant to the said order dated 12.05.2025, parties appeared before the court below and on 09.06.2025 trial court verified and identified the parties through their counsels. A copy of the same is filed as Annexure SA-1 to the supplementary affidavit. 5. Learned counsel for the applicants has submitted that the applicants and opposite party nos.2 & 3 have settled their private and civil dispute through compromise and as such opposite party nos.2 & 3 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 & 3 are 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. 6. In view of the facts and circumstances of the case, the applicants and opposite party nos.2 & 3 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 Criminal Case No.4894 of 2024 (State vs. Khursheed Ahamad and others) arising out of Case Crime No.576 of NA528 No. 13159 of 2025 2 2023, under Sections 323, 308 & 34 I.P.C., Police Station Shamli, District Shamli, pending in the court of Chief Judicial Magistrate, Shamli is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. September 12, 2025 SKD NA528 No. 13159 of 2025 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad