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Neutral Citation No. - 2025:AHC:142757 Court No. - 48 Case :- APPLICATION U/S 528 BNSS No. - 20219 of 2025 Applicant :- Ajay Kumar Gupta Opposite Party :- State of U.P. and another Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- Rohit Kumar Mishra, G.A. With Case :- APPLICATION U/S 528 BNSS No. - 20284 of 2025 Applicant :- Krishna Yadav Opposite Party :- State of U.P. and another Counsel for Applicant :- Rohit Kumar Mishra Counsel for Opposite Party :- Brajesh Kumar Singh, G.A. Hon'ble Kshitij Shailendra, J.
1. Heard Shri Brajesh Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and Shri Rohit Kumar Mishra, learned counsel for opposite party No.2. 2. The instant application under Section 528 Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS') has been filed with the prayer to quash charge-sheet dated 31.07.2024, cognizance and summoning order dated 08.10.2024 passed by Chief Metropolitan Magistrate, Kanpur Nagar as well as entire proceedings of Case No.100398 of 2024 (State vs. Ajay Kumar), arising out of Case Crime No.224 of 2024, under Sections 294, 341, 354(D), 504 & 506 I.P.C., Police Station-Chakeri, District-Kanpur Nagar on the basis of compromise dated 23.05.2025. 3. At the very outset, learned counsel for the applicant submits that the parties have entered into a compromise and have amicably settled their dispute. 4. On 03.06.2025, a Co-ordinate Bench of this Court, while staying further proceedings of the aforesaid case, directed both the parties to appear before the court concerned within six weeks for verification of the compromise and applicant was required to file supplementary affidavit annexing therewith certified copy of the compromise as well as the verification proceedings of compromise. 5. Pursuant to the order of this Court, a supplementary affidavit has been filed annexing therewith certified copy of duly verified compromise as Annexure S.A-2, which is taken on record. 6. Learned counsel for the opposite party No.2 does not dispute the factum of entering into the compromise. 7. It is noteworthy that one of the stipulations contained in the compromise is that both the parties have requested for dropping of the proceedings of the aforesaid criminal case. 8.
In view of the material available on record, judgments of 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 : (2008) 9 SCC 677 and considering the nature of offence, this Court is of the view that once prosecution itself has chosen not to pursue the matter and is satisfied with the terms of amicable settlement, no fruitful purpose would be served in continuance of the proceedings of the aforesaid case. 9. The application U/S 528 BNSS is, accordingly, allowed. 10. The proceedings of Case No.100398 of 2024 (State vs. Ajay Kumar), arising out of Case Crime No.224 of 2024, under Sections 294, 341, 354(D), 504 & 506 IPC, Police Station-Chakeri, District
Kanpur Nagar are hereby quashed. Order Date :- 20.8.2025 Jyotsana Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad