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2025 DAILYLAW 47994 (ALL)

RAHIS USMANI v. STATE OF U.P. AND ANOTHER

NA528/14111/2025 · 2025-10-05

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14111 of 2025 Court No. - 92 Sl. No. 23 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Devi Dayal, learned counsel for the applicant, Shri Sandeep Mishra, learned counsel for the opposite paryty no. 2 and Shri Aditya Veer Singh Rana, learned AGA for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of the charge sheet dated 26.2.2024 and the cognizance/summoning order dated 28.7.2024 passed by the Addl. Chief Judicial Magistrate-I, Agra in Case No. 15300 of 2024 (State Vs. Rahis Usmani) under section 354-B, 323, 452 IPC as well as the entire proceedings of Case No. 15300 of 2024 arising out of Case Crime No. 662 of 2023 police station Jagdishpura District Agra pending in the court of Addl. Chief Judicial Magistrate-I, Agra. 3. Learned counsel for the applicant submitted that due to trivial dispute between the parties the instant FIR has been lodged by the opposite party no. 2 against the applicant. Subsequent thereto charge sheet was filed against the applicant herein. However, subsequent thereto, the parties have settled their dispute amicably and a compromise dated 10.4.2025 has been executed between the parties. On the basis of the aforesaid compromise the instant application has been filed seeking quashing of the entire proceedings of the aforesaid case. Vide order dated 23.6.2025 this Court has directed the parties to appear before the concerned trial court for verification of the said compromise. In view of the aforesaid, the parties have appeared before the trial court for verification of the compromise on 16.7.2025 when the trial court in the presence of the parties has verified the said compromise and the report has also been sent by the Addl. C.J.M. , Agra. Thus on the basis of the aforesaid compromise which has been duly verified by the trial court concerned vide order dated 16.7.2025, learned counsel for the applicant seeks quashing of the aforesaid case in view of the compromise which has been duly verified by the trial court. Versus Counsel for Applicant(s) : Devi Dayal Counsel for Opposite Party(s) : Sandeep Mishra, G.A. Rahis Usmani .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel for the opposite party no. 2 does not dispute the aforesaid facts and admits the verification of the compromise entered into between the parties. Thus he supports the prayer for quashing of the entire proceedings of the aforesaid case. 5. In view of the aforesaid facts, learned A.G.A. also does not oppose the quashing of the aforesaid case due to compromise entered into between the parties. 6. Having heard the rival submissions advanced by the learned counsel for the parties, this court has carefully gone through the records of the case. From the records it is apparent that for a trivial dispute the instant FIR has been lodged. However, subsequently the parties have settled their dispute amicably and executed a compromise on 10.4.2025, which has been duly verified by the trial court concerned vide order dated 16.7.2025 in the presence of the parties. 7. Thus, in view of the compromise entered into between the parties, there is remote and bleak chances of conviction of the applicants herein. With the aforesaid settlement, the peace will prevail in the society and continuance of the aforesaid criminal proceedings will not serve any fruitful purpose in view of the settlement of disputes between parties. 6. In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed. 7. In view thereof, the instant application is accordingly allowed and the charge sheet dated 26.2.2024 and the cognizance/summoning order dated 28.7.2024 passed by the Addl. Chief Judicial Magistrate-I, Agra in Case No. 15300 of 2024 (State Vs. Rahis Usmani) under section 354-B, 323, 452 IPC as well as the entire proceedings of Case No. 15300 of 2024 arising out of Case Crime No. 662 of 2023 police station Jagdishpura District Agra pending in the court of Addl. Chief Judicial Magistrate-I, Agra. are hereby quashed. October 6, 2025 o.k. NA528 No. 14111 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad