MOHD AFTAB AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/17127/2025 · 2025-09-15
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56475 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56475 (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. - 17127 of 2025 Court No. - 92 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicants, learned A.G.A. for opposite party no. 1 and Sri Pankaj Kumar Mishra holding brief of Anurag Shrivastava for opposite party no. 2.
2. This application has been filed challenging the charge-sheet no. 142 of 2022 dated 12.07.2022 and cognizance order dated 13.10.2023 passed by the learned Additional Chief Judicial Magistrate, Court No.-3, Moradabad as well as entire proceeding in Case No. 2959 of 2023 (State vs. Aftab and others) arising out of Case Crime No. 121 of 2022, under Sections 354(Ka), 506, 34, 354(Kha) of I.P.C., Police Station- Mainather, District- Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.-3, Moradabad.
3. Pursuant to previous order of this Court, it is alleged that the compromise has been verified by the court concerned. The compromise is already on record and the order dated 10.06.2025 endorsed by the court concerned on the backside of the compromise is annexed along with the supplementary affidavit.
4. Considering the amicable settlement of dispute between the parties, nature of allegations and in view of the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and another; (2012) 10 SCC 303 and Nikhil Merchant vs. Central Bureau of Investigation and another; (2008) 9 SCC 677, the application deserves to be allowed. Versus Counsel for Applicant(s) : Avdhesh Kumar Counsel for Opposite Party(s) : Anurag Shrivastava, G.A. Mohd Aftab And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Accordingly, the application is allowed.
6. The proceedings of the aforesaid case are hereby quashed. September 16, 2025 Pkb/ NA528 No. 17127 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad