TARUN SHARMA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15123/2025 · 2025-09-11
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51587 (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. - 15123 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present 528 BNSS application has been filed to quash the entire proceedings of Case No.111 of 2010 (State vs. Tarun Sharma and others) arising out of Case Crime No.96 of 2019, under Sections 452, 427, 147, 323 I.P.C., Police Station Badalpur, District Gautam Buddh Nagar, pending in the court of Additional Chief Judicial Magistrate-1, Gautam Buddh Nagar. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants next submits that both the parties have have amicably settled the dispute and have compromised the matter. They filed present present application to quash the proceeding as parties have compromised the matter. This Court vide order dated 24.07.2025 directed the parties to appear before the court below for verification of compromise dated 11.04.2025 (Annexure 3 to the affidavit). The order dated 24.07.2025 is being quoted below:-
"1. Heard Shri Vineet Kumar Sahu, learned counsel for the applicant and Shri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of entire proceedings of Case No. 111 of 2020 arising out of Case Crime No. 96 of 2019 (State Vs. Tarun Sharma and others) under sections 452, 427, 147, 323 IPC police station Badalpur District Gautam Buddh Nagar pending in thecourt of Addl. Chief Judicial Magistrate-I, Gautam Buddh Nagar. 3. Learned counsel for the applicants submits that in compliance of the earlier order of this Court dated 1.5.2025 a certified copy of the compromise dated 3.5.2025 has been placed on record by way of supplementary affidavit. Learned counsel for the Versus Counsel for Applicant(s) : Chanchal Kumar, Vineet Kumar Sahu Counsel for Opposite Party(s) : G.A. Tarun Sharma And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant therefore submits that there was a property dispute between the parties due to which the instant case was filed by the opposite party no. 2 against the applicants herein and now the entire disputes between the parties have been settled.
Therefore, learned counsel for the applicant seeks quashing of the entire proceedings of the instant case on the basis of the compromise entered into between the parties. 4. In view thereof, parties are directed to appear before the trial court concerned for verification of the compromise dated 3.5.2025 within two weeks from today. On such appearance of the parties, the trial court concerned shall verify the compromise dated 3.5.2025 in accordance with law and shall send a report to this court within two weeks thereafter. In the meantime learned counsel for the applicant may also file the certified copy of the order verifying the compromise by way of supplementary affidavit. 5. Put up this matter on 4.9.2025, as fresh, before the appropriate Bench. 6. Interim order, granted earlier, is extended till the next date of listing."
4. Pursuant to the said order dated 24.07.2025, parties appeared before the court below and on 02.08.2025 trial court verified and identified the parties through their counsels. A copy of the same is filed through supplementary affidavit. Verification report dated 02.08.2025 is forwarded to this Court by Civil Judge (J.D.)/F.T.C.-1, Gautam Budh Nagar through letter dated 07.08.2025. 5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do 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. 6. In view of the facts and circumstances of the case, the applicants and opposite party no.2 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 NA528 No. 15123 of 2025 2
another; (2014) Supreme Today 642, the proceeding of Case No.111 of 2010 (State vs. Tarun Sharma and others) arising out of Case Crime No.96 of 2019, under Sections 452, 427, 147, 323 I.P.C., Police Station Badalpur, District Gautam Buddh Nagar, pending in the court of Additional Chief Judicial Magistrate-1, Gautam Buddh Nagar, is hereby quashed. 8. The application under Section 482 Cr.P.C is accordingly allowed. September 12, 2025 SKD NA528 No. 15123 of 2025 3 (Deepak Verma,J.)
Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad