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2025 DAILYLAW 51360 (ALL)

ADITYA KUMAR RAI ALIAS ADITYA SINGH v. STATE OF U.P. AND 5 OTHERS

NA528/15259/2025 · 2025-09-03

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15259 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet dated 28.11.2021, cognizance/summoning order dated 23.09.2022 as well as entire proceedings of Case No.43 of 2022 (State vs. Aditya Singh) arising out of Case Crime No.142 of 2021, under Sections 323, 504, 307, 341, 452, 427, 34 I.P.C., Police Station Kachhawan, District Mirzapur, pending in the court of Principal Magistrate, Juvenile Justice Board, Mirzapur. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submits that injuries received by the injured are simple in nature. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated 19.12.2024. Learned counsel for the applicant next submits that informant/opposite party nos.2 to 6 do not want to pursue the case against the applicant. It is next submitted that the applicant filed 482 application before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 02.05.2025 directed the parties to appear before the court below for verification of compromise dated 19.12.2024 (Annexure 8 to the affidavit). The order dated 02.05.2025 is being quoted below:- "Learned counsel for both the parties jointly submitted that parties have settled their dispute with regard to the offences punishable under Sections 323, 504, 307, 341, 452, 427, 34 of IPC on the basis of compromise dated 19.12.2024. The certified copy of the compromise is on record as Annexure No.8 to the affidavit. Both the parties are directed to appear before the Trial Court within six weeks from Aditya Kumar Rai Alias Aditya Singh Versus Counsel for Applicant(s) : Harsh Vardhan Pandey, Satya Prakash Pandey Counsel for Opposite Party(s) : G.A., Raj Kishor Pandey .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s) today. Trial Court is directed to verify the aforesaid compromise. Applicant is directed to file certified copy of the verified compromise as well as verification report by way of supplementary affidavit. Put up this case on 4.9.2025, as fresh. Till the next date of listing, further proceedings of Criminal Case No. 43 of 2022 (State v. Aditya Singh), arising out of Case Crime No. 142 of 2021, under Sections 323, 504, 307, 341, 452, 427, 34 of IPC, Police Station Kachhwa, District Mirzapur, pending in the Court of Principal Magistrate, Juvenile Justice Board, District Mirzapur, shall remain stayed against the applicant." 4.Pursuant to the said order dated 02.05.2025, the parties appeared before the Juvenile Justice Board, Mirzapur and after due verification of the parties and contents of the compromise made between them, the Juvenile Justice Board, Mirzapur vide order dated 08.07.2025 has passed the verification order. A copy of the same is annexed as Annexure SA1 to the supplementary affidavit. 5. Learned counsel for the applicant has submitted that the applicant and opposite party nos.2 to 6 have settled their private and civil dispute through compromise and as such opposite party nos.2 to 6 do not wish to press the aforesaid case against the applicant. Opposite party nos.2 to 6 are ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. In view of the facts and circumstances of the case, the applicants and opposite party nos.2 to 6 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Case No.43 of 2022 (State vs. Aditya Singh) arising out of Case Crime No.142 of 2021, under Sections 323, 504, 307, 341, 452, 427, 34 I.P.C., Police Station Kachhawan, District Mirzapur, pending in the court of Principal Magistrate, Juvenile Justice Board, Mirzapur, is hereby quashed. NA528 No. 15259 of 2025 2 8. The application under Section 482 Cr.P.C is accordingly allowed. September 4, 2025 SKD NA528 No. 15259 of 2025 3 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad