IBALI HASAN AND ANOTHER v. STATE OF U.P AND ANOTHER
NA528/12799/2025 · 2025-08-21
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42911 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42911 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144694 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12799 of 2025 Applicant :- Ibali Hasan And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sheeba Rizvi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today annexing therein verification report/order dated 16.05.2025, is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, and learned A.G.A. for the State.
3. The present 528 B.N.S.S. application has been filed to quash the entire proceeding of Case No. 44 of 2025 (State Vs. Ibali Hasan and others) arising out of Case Crime No. 0156 of 2024, under section 115(2), 352, 351(2) & 118 (1) of B.N.S., Police Station- Bhot, District-Rampur as well as charge sheet No. 0147 of 2024, dated 19.11.2024 and cognizance/summoned order dated 18.01.2025 according to compromise dated 02.01.2025 and 24.12.2024 both the parties, pending in the court of learned Ist Additional Civil Judge (S.D.), Rampur.
4. 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 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 17.04.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 16.05.2025 verified the parties as well as compromise application through their counsels. Verification report/order dated 16.05.2025 has been filed through 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 proceeding of Case No. 44 of 2025 (State Vs.
Ibali Hasan and others) arising out of Case Crime No. 0156 of 2024, under Section 115(2), 352, 351(2) & 118 (1) of B.N.S., Police Station-Bhot, District-Rampur as well as charge sheet No. 0147 of 2024, dated 19.11.2024 and cognizance/summoned order dated 18.01.2025, pending in the court of learned Ist Additional Civil Judge (S.D.), Rampur is hereby quashed. 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