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2025 DAILYLAW 50855 (ALL)

NAURATAN SHARMA ALIAS JONTI v. STATE OF U.P. AND ANOTHER

NA528/16106/2025 · 2025-05-07

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74529 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 16106 of 2025 Applicant :- Nauratan Sharma Alias Jonti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ambrish Kumar Sharma,Vishwanath Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Ms. R.U. Rinki Renu, Advocate has filed vakalatnama on behalf of opposite party no.2 in the Court today, which is taken on record. Heard Mr. Vishwanath Pandey, learned counsel for the applicant, Ms. R.U. Rinki Renu, learned counsel for the opposite party no.2 as well as Mr. Mayank Awasthi, learned counsel for the State and perused the material on record. This application u/s 528 BNSS has been filed by the applicant with the prayer to quash the Cognizance/Summoning order dated 15.11.2022 and further proceeding in Complaint Case No.258 of 2022 (Kamlesh vs. Nauratan @ Jonti), arising out of Criminal Case No.41 of 2022, under Sections 323, 354, 504, 506, 351(2)/(3) B.N.S. and Sections 3(2), 5A SC/ST Act, Police Station- Dankaur, District- Gautam Budh Nagar, on the basis of compromise. Earlier the applicant had approached this Court by means of filing an Application U/S 482 No. 1306 of 2025 (Nauratan Sharma Alias Jonti vs. State of U.P. and Another) wherein the Co-ordinate Bench of this Court vide order dated 10.03.2025 had directed the parties to appear before the court concerned for verification of the compromise and the compensation report was also called for. In compliance of the aforesaid order, the Additional District & Sessions Judge-II/Special Judge (SC/ST) Act, District Court- Gautam Buddha Nagar has verified the compromise vide order dated 08.04.2025 in the presence of both the parties after recording their statements that they have entered into compromise and no dispute remains between them. In the aforesaid compromise verification order, there is a report from District Social Welfare Officer mentioning therein that the opposite party no.2 has not received any compensation. Certified copy of the aforesaid order dated 08.04.2025 has been annexed on page no.82 of this application. Learned counsel for the applicant submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court. Learned A.G.A. for the State also accepts that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, In the aforesaid judgments, the 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. & Another; 2013 (83) ACC 278 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. Accordingly, the entire criminal proceedings in Complaint Case No.258 of 2022 (Kamlesh vs. Nauratan @ Jonti), arising out of Criminal Case No.41 of 2022, under Sections 323, 354, 504, 506, 351(2)/(3) B.N.S. and Sections 3(2), 5A SC/ST Act, Police Station- Dankaur, District- Gautam Budh Nagar, on the basis of compromise, are hereby quashed. The application is, accordingly, allowed. There shall be no order as to costs. A copy of this order be sent to the lower court forthwith. Order Date :- 8.5.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad