Neutral Citation No. - 2025:AHC:142037 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12320 of 2025 Applicant :- Sumit Nagar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- Rajnish Kumar Verma,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, and learned A.G.A. for the State. 2. The present 482 Cr.P.C./528 B.N.S.S. application has been filed to quash the charge sheet no. 270/2018, dated 25.12.2018, cognizance order dated 10.04.2019 as well as the entire proceeding of Case No. 425 of 2019 (State Vs Sumit & others), under Sections 347, 379, 427, 506 I.P.C., arising out of Case Crime No. 365 of 2018, registered at Police Station Badalpur, District Gautam Budh Nagar, pending in court of Additional Chief Judicial Magistrate, Court No. 01, Gautam Budh Nagar, on the basis of compromise between the parties. 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 482 Cr.P.C./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 15.04.2025 passed following order:- "Sri Rajnish Verma, Advocate has filed Vakalatnama on behalf of private opposite party no.2 today in the Registry. The same is not on record. Office is directed to trace out the same and place it on record. Learned counsel for both the parties submitted that parties have settled their dispute arising out of offence punishable under Sections 347/379/427/506 of I.P.C. on the basis of compromise dated 04.03.2025. Certified copy of the said compromise has been brought on record as Annexure-4 to the affidavit. 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 20.08.2025, as fresh. Till the next date of listing, further proceedings of Case No. 425 of 2019, arising out of Case Crime No.365 of 2018, P.S. Badalpur, District- Gautam Budh Nagar shall remain stayed against the applicants." 4. In pursuance of order of this Court dated 15.04.2025, the Trial court vide order dated 23.04.2025 verified the parties as well as compromise application through their respective counsels. Verification report/order dated 23.04.2025 has been filed as S.A.1 to the 2nd supplementary affidavit. 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. 270/2018, dated 25.12.2018, cognizance order dated 10.04.2019 as well as the entire proceeding of Case No. 425 of 2019 (State Vs Sumit & others), under Sections 347, 379, 427, 506 I.P.C., arising out of Case Crime No. 365 of 2018, registered at Police Station Badalpur, District Gautam Budh Nagar, pending in court of Additional Chief Judicial Magistrate, Court No. 01, Gautam Budh Nagar, are hereby quashed. 10. This application under Section 482 Cr.P.C./528 B.N.S.S. is accordingly allowed. Order Date :- 20.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad