VIJAY SHANKAR MAURYA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/14668/2025 · 2025-09-03
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48850 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48850 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14668 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 to 4, and learned A.G.A. for the State. 2. The present 528 B.N.S.S. application has been filed to quash the entire criminal proceeding of S.T. No. 300 of 2018 (State U.P. Vs. of Vijay Shankar Maurya & others) arising out of Case Crime No. 399 of 2015, under Sections 323, 325, 452, 504, 34 of I.P.C., Police Station-Chaubeypur, District- Varanasi, pending before the Court of learned Addl. Session Judge, Court No. 5, Varanasi on the ground of compromise dated 15.04.2025 which has been taken place between the Applicants and the Opp. Party Nos.2 to 4. 3. Learned counsel for the applicants submitted that both the parties have lodged first information reports against each other and they are relatives. Some of the injuries are grievous in nature but being close relatives on persuasion of elder members of the society, applicants and opposite party nos. 2 to 4 have amicably settled their dispute out of the Court and entered into a compromise. Applicants 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 Court vide order dated 13.05.2025 sent the matter to trial court for verification of the parties and compromise application. Pursuant to the order dated 13.05.2025, the Trial court vide order dated 23.06.2025 verified the parties as well as compromise application through their counsels. Verification report/order dated 23.06.2025 has been forwarded to this Court by the Court below through its Versus Counsel for Applicant(s) : Anil Kumar Verma Counsel for Opposite Party(s) : G.S. Chauhan, G.A. Vijay Shankar Maurya And 2 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
letter dated 23.06.2025. He further submitted that applicants and opposite party nos. 2 to 4 compromised the matter and opposite party nos. 2 to 4 do not want to proceed the matter against the applicants. He further submitted that applicants and opposite party nos. 2 to 4 have settled through compromise their private and civil dispute and as such opposite party nos. 2 to 4 do not wish to press the aforesaid case against the applicants. Opposite party nos.
2 to 4 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. 4. Learned counsel appearing for the opposite party nos. 2 to 4 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 nos. 2 to 4 have 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. 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 criminal proceeding of S.T. No. 300 of 2018 (State U.P. Vs.
of Vijay Shankar Maurya & others) arising out of Case Crime No. 399 of 2015, under Sections 323, 325, 452, 504, 34 of I.P.C., NA528 No. 14668 of 2025 2
Police Station- Chaubeypur, District- Varanasi, pending before the Court of learned Addl. Session Judge, Court No. 5, Varanasi, are hereby quashed. 9. This application under Section 528 B.N.S.S. is accordingly allowed. September 4, 2025 Aditya NA528 No. 14668 of 2025 3 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad