RAM PRAKASH GUPTA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15204/2025 · 2025-09-03
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51866 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15204 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J.
1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 3. The present 528 B.N.S.S. application has been filed to quash the Charge Sheet No.338/2024 dated 30.07.2024, Cognizance order dated 16.11.2024 passed by Chief Judicial Magistrate, District- Amroha as well as the entire proceeding of Case No. 11546 of 2024 (State Vs. Ram Prakash Gupta and others), arising out of Case Crime No. 355 of 2024, under Sections 452, 323, 504, 506 I.P.C., Police Station- Naugawan Sadat, District Amroha, pending in the Court of Chief Judicial Magistrate, District- Amroha, on the basis of compromise dated 07.03.2025. 4. Learned counsel for the applicants submitted that both the parties have lodged first information report against each others and they are neighbours and pattidar. He next submits that applicants and opposite party no.2 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 02.05.2025 sent the matter to trial court for verification of the parties and compromise application. Pursuant to the order dated 02.05.2025, the Trial court vide order dated 21.05.2025 verified the parties as well as compromise application through their counsels. Verification report/order dated Versus Counsel for Applicant(s) : Anil Kumar Counsel for Opposite Party(s) : G.A., Sunil Kumar Singh Ram Prakash Gupta And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
21.05.2025 has been filed with the supplementary affidavit. 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. 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. 5.
Learned counsel appearing for the opposite party no.2 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 no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 7. 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. 8. 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. 9. Accordingly, the impugned Charge Sheet No.338/2024 dated 30.07.2024, Cognizance order dated 16.11.2024 passed by Chief Judicial Magistrate, District- Amroha as well as the entire proceeding of Case No. 11546 of 2024 NA528 No. 15204 of 2025 2
(State Vs. Ram Prakash Gupta and others) arising out of Case Crime No. 355 of 2024, Under Section 452, 323, 504, 506 I.P.C., Police Station- Naugawan Sadat, District Amroha, pending in the Court of Chief Judicial Magistrate, District- Amroha, are hereby quashed. 10.
This application under Section 528 B.N.S.S. is accordingly allowed. September 4, 2025 Aditya NA528 No. 15204 of 2025 3 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad