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2025 DAILYLAW 51773 (ALL)

VIKAS GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15085/2025 · 2025-09-11

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15085 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge sheet dated 24.04.2014 as well as the entire criminal proceedings of Case No.1784 of 2014, State versus Vikas Gupta and others, arising out of Case Crime No.808 of 2013, under Sections 448, 506, 406, 420, 467, 468, 471, 120-B IPC, Police Station Phase-II Noida, District Gautam Budh Nagar and cognizance / summoning order dated 16.08.2024, passed by the Additional Chief Judicial Magistrate-III, Gautam Budh Nagar, pending before the Civil Judge (S.D.) /FTC, Gautam Budh Nagar in the light of compromise deed dated 15.04.2025. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court and entered into compromise. Present 528 BNS application has been filed to quash the criminal proceedings pending against the applicants on account of compromise deed dated 15.04.2025. Learned counsel for the applicants next submitted that this Court vide order dated 31.07.2025, directed both the parties to appear before the court below for verification of compromise. In compliance of the order dated 31.07.2025, both the parties have appeared before the trial court and the trial court vide order dated 12.08.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Versus Counsel for Applicant(s) : Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Vikas Gupta And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 4. Learned counsel for the opposite party no.2 has filed counter affidavit and stating in paragraph no.4 that opposite party no.2 has dissolved the matter with the applicants and not interested to proceed the aforesaid case against the applicants. 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 charge sheet dated 24.04.2014 as well as the entire proceedings of Case No.1784 of 2014, State versus Vikas Gupta and others, arising out of Case Crime No.808 of 2013, under Sections 448, 506, 406, 420, 467, 468, 471, 120-B IPC, Police Station Phase-II Noida, District Gautam Budh Nagar and cognizance / summoning order dated 16.08.2024, passed by the Additional Chief Judicial Magistrate-III, Gautam Budh Nagar, is hereby quashed. 9. This application under Section 528 B.N.S.S. is accordingly allowed. September 12, 2025 I.A.Siddiqui NA528 No. 15085 of 2025 2 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad