LAKHVINDER AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/26461/2025 · 2025-09-07
Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78242 (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. - 26461 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. Heard Sri Bipin Kumar Tripathi, learned counsel for the applicants; Ms. Manju Yadav, learned counsel for the opposite party no.2; learned AGA for State and perused the material available on record. 2. The instant application under Section 528 BNSS has been filed with the prayer to quash the impugned order dated 28.06.2025, passed by ACJM, Court No.1, Bulandshahr whereby the application filed by the informant for closure of case in terms of compromise has been dismissed, as well as to quash the entire proceedings of Case No.1259 of 2023, arising out of Case Crime No.68 of 2020, under Sections 420, 406, 504 & 506 IPC, Police Station Shikarpur, District Bulandshahr and impugned cognizance order dated 05.01.2021, pending in the Court of ACJM, Court No.1, Bulandshahr. 3. Learned counsel for the applicants submits that applicants are accused in the aforesaid criminal case. The dispute relates to commercial transaction and is civil nature. However, the parties have entered into compromise in the aforesaid case and settled their dispute out side the court. The informant had already admitted in his application under Section 320(2)Cr.P.C. that a draft of Rs.20,00,000/- (twenty lacs) in favour of Jagveer Singh has been give by the applicants in terms of compromise, therefore, he has not inclined any more to proceed with the case filed by him but the said application was dismissed by the trial court vide order dated 28.06.2025 on technical ground that in view of order passed on 02.12.2024 by this Court in Application under Section 482 Cr.P.C. No.32420 of 2024, Lakhvender versus State of U.P. and others, wherein, further proceedings of the case are stayed till the further order. It is further submitted that after passing of the order dated 28.06.2025, the present application has been filed by all the accused persons in terms of compromise referred in application under Section 320(2)Cr.P.C earlier filed by the informant before the court below.
He lastly submitted that undisputedly the parties have compromised the matter and no useful purpose will be served in keeping this criminal case pending as there is no Versus Counsel for Applicant(s) : Bipin Kumar Tripathi, Shubham Counsel for Opposite Party(s) : G.A., Manju Yadav, Preete Chaudhary Lakhvinder And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
strong chance of conviction of the applicants after the compromise has been reached between the contesting parties and the same has been verified by the court below. 4. Learned AGA as well as learned counsel for the opposite party no.2 raised no objection and have not disputed the aforesaid facts. 5. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicants and learned counsel for the opposite party no.2 as well as learned AGA and the fact the dispute between the parties has been settled amicably and compromise entered into between the parties has already been verified by the learned trial court, the copy of which is on record, this Court is of opinion that it will be of no use to keep the proceedings pending before the learned court. As a result, it will be in the interest of justice to quash the entire proceedings of the case in terms of compromise. 6. Accordingly, the entire proceedings of the aforesaid case are hereby quashed in terms of compromise between the parties. 7. In view of above, the present application under Section 528 BNSS is, hereby allowed. September 8, 2025 I.A.Siddiqui NA528 No. 26461 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad