HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13584 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard Sri Sanjoo Singh holding brief of Sri Deepesh Kumar Ojha, learned counsel for the applicant, Sri Avdhesh Kumar, learned counsel for the informant, and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the Charge Sheet Dated 18.02.2025 as well as the Summoning order dated 21.03.2025 passed by the Learned Court of Additional Civil Judge (Junior Division)/J.M. Konch, District Jalaun in Case No.529 of 2025 (State Vs Abhishek Kushwaha) arising out of Case Crime No. 09 of 2025, Under Sections 333, 115(2), 74, 351(2) B.N.S, P.S. Konch, District Jalaun, pending before the Learned Court of Additional Civil Judge (Junior Division) /J.M. Konch, District Jalaun. 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 528 BNSS application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Versus Counsel for Applicant(s) : Deepesh Kumar Ojha, Sanjoo Singh Counsel for Opposite Party(s) : Avdhesh Kumar, G.A., Ichhvaku Pratap Shahi, Prashant Tripathi Abhishek Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Court vide order dated 30.04.2025 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 01.08.2025 verified the parties as well as compromise application, the same has been sent through letter dated 01.08.2025 by the trial court, the same is on record. 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. 4. 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. 5. Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further. 6. 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. NA528 No. 13584 of 2025 2 7. 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. 8. Accordingly, the impugned Summoning order dated 21.03.2025 passed in Case No.529 of 2025, arising out of Case Crime No. 09 of 2025, Under Sections 333, 115(2), 74, 351(2) B.N.S, P.S. Konch, District Jalaun, pending before the Learned Court of Additional Civil Judge (Junior Division) /J.M. Konch, District Jalaun, is hereby quashed. 9. This application under Section 528 BNSS is accordingly allowed. September 1, 2025 Nitin Verma NA528 No. 13584 of 2025 3 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad