HARSH YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16602/2025 · 2025-08-11
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51889 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51889 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137077 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 857) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 16602 of 2025 Applicant :- Harsh Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Ji Pandey Counsel for Opposite Party :- G.A.,Mayank Mohan Dutt Mishra Hon'ble Anish Kumar Gupta,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Madan Ji Pandey, learned counsel for the applicants, Sri Mayank Mohan Dutt Mishra, learned counsel for the opposite party no. 2 and Sri S.K. Ojha, learned A.G.A. for the State. 3. The instant application under Section 528 BNSS has been filed seeking quashing of the entire proceedings of Criminal Case No. 2414 of 2025 (State vs. Harsh Yadav and Others) arising out of charge sheet no. 155 of 2023 dated 4.8.2024 filed in Case Crime No. 0157 of 2023 under Section 323, 308, 427, 504 and 506 IPC, Police Station-Civil Lines, District-Moradabad as well as the summoning order dated 12.2.2025, pending in the court of C.J.M., Moradabad. 4. Learned counsel for the applicants submits that for a trivial dispute between the parties the incident in question has occurred and during the pendency of criminal case before the trial court, the parties have settled their dispute amicably and a compromise was executed between the parties on 17.4.2025 and the same was placed on record before the trial court concerned. The injuries sustained by opposite party no. 2 were simple in nature. Since the parties have settled their dispute amicably, the applicants have filed the instant application seeking quashing of the entire proceedings on the basis of compromise arrived at between the parties. 5. This Court vide order dated 9.6.2025 had directed the parties to appear before the trial court for verification of compromise. As per the report received from the Chief Judicial Magistrate, Moradabad dated 11.7.2025, the parties had appeared before the trial court on 10.7.2025 and the trial court has verified the compromise in their
presence and a report to that effect has also been sent to this Court. 6. In view of the aforesaid settlement, which has been duly verified by the trial court in presence of the parties, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case. 7. Learned counsel for the opposite party no.
2 admits the aforesaid facts and do not dispute the factum of compromise and verification thereof. 8. In view of the aforesaid settlement and looking at the nature of dispute, learned A.G.A. do not oppose the prayer for quashing of the entire proceedings against the applicants in view of the settlement. 9. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the records of the case. 10. From the perusal of FIR, it is apparent that due to a trivial dispute between the parties, the incident as alleged, has occurred and during the pendency of the case before the trial court the parties have settled their dispute amicably and a compromise was executed, which has been duly verified pursuant to the orders passed by this Court. Due to settlement of dispute peace will prevail in the society and no fruitful purpose would be served in keeping the criminal proceedings pending against the applicants. 11. In view thereof and in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67, the entire proceedings of Criminal Case No. 2414 of 2025 (State vs. Harsh Yadav and Others) arising out of Case Crime No. 0157 of 2023 under Section 323, 308, 427, 504 and 506 IPC, Police Station-Civil Lines, District- Moradabad, are hereby quashed. 12. Accordingly, the instant application stands allowed. Order Date :- 12.8.2025/Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad