BHURE ALI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/31944/2025 · 2025-09-08
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88079 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88079 (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. - 31944 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ashish Kumar Ojha, learned counsel for the applicants, Sri Vineet Kumar Dubey holding brief of Sri S.K. Upadhyay, learned counsel for the opposite party no. 2 and Sri B.P. Maurya, learned AGA for the State. 2. Instant application has been preferred for quashing of the cognizance/summoning order dated 1.8.2024 passed by the Civil Judge (Junior Division)/Fast Track Court, Crime Against Women, Auraiya District Auraiya in Case No. 1069 of 2024, arising out of Charge Sheet No. 188 of 2023 dated 24.9.2023 in the Case Crime No. 260 of 2023, under sections 323, 504 and 506 IPC, P.S. Achhalda, district Auraiya in pursuance of the compromise has been done between the parties dated 14.7.2025. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 3. Vide order dated 26.8.2025, this Court had directed the applicants and opposite party no. 2 to appear before the High Court Mediation and Conciliation Center on 2.9.2025. As per mediation report both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties. A report regarding the same is available on record. It is further submitted that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 has no objection. 5. I have considered the submissions and perused the record. 6. Both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between Versus Counsel for Applicant(s) : Ashish Kumar Ojha Counsel for Opposite Party(s) : Salilendu Kumar Upadhyay, G.A. Bhure Ali And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the parties and report of mediation center is on the record. Considering the law laid down in the case of State of Madhya Pradesh Vs.
Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 7. In view of the aforesaid, the entire criminal proceeding of cognizance/summoning order dated 1.8.2024 passed by the Civil Judge (Junior Division)/Fast Track Court, Crime Against Women, Auraiya District Auraiya in Case No. 1069 of 2024, arising out of Charge Sheet No. 188 of 2023 dated 24.9.2023 in the Case Crime No. 260 of 2023, under sections 323, 504 and 506 IPC, P.S. Achhalda, district Auraiya, against applicants, are hereby quashed. 8. The application is allowed. September 9, 2025 SY NA528 No. 31944 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad