MAHAN MUDGAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/32834/2025 · 2025-09-08
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90486 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90486 (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. - 32834 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicants and the learned AGA for the State-respondent. 2. This instant application under Section 528 BNSS has been filed seeking quashing of the charge sheet dated 01.12.2022, summoning order dated 06.12.2022 as well as entire proceedings of Criminal Case No. 15659 of 2022 (State Vs. Mahan Mudgal and others) arising out of Case Crime No. 573 of 2022, under Sections 420, 467, 468, 471, 448, 504, 506 IPC, P.S. Sikandara, District Agra. 3. Learned counsel for the applicants submits that the parties to the dispute have amicably settled their differences in terms of written compromise and based upon the same, an Application under Section 482 CrPC bearing No. 36265 of 2024 was filed by the applicants, which was disposed of on 18.04.2025 directing the court concerned to verify the compromise with liberty to the applicants to file another application based thereupon. 4. Submission is that on 17.05.2025, the compromise has been verified by the court concerned in the presence of the parties as well as their respective counsel. Reference to various applications and affidavits filed before the court concerned to close the proceedings based the compromise has also been made during the course of arguments. 5. Though nobody has put in appearance on behalf of opposite party no. 2, considering the record of proceedings as well as order dated 17.05.2025 Versus Counsel for Applicant(s) : Abhishek Chauhan, Rahul Mishra Counsel for Opposite Party(s) : G.A. Mahan Mudgal And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
passed by the court concerned, no useful purpose would be served in keeping this matter pending awaiting appearance of the informant/ opposite party no. 2. 6. Following the law laid down by Hon'ble Supreme Court in Nikhil Merchant Vs. Central Bureau of Investigation and another: (2008) 9 SCC 677 and Gian Singh Vs. State of Punjab and another: (2012) 10 SCC 303, this application deserves to be allowed. 7. The application is allowed. 8. The proceedings of aforesaid case are hereby quashed. 9. In case the opposite party no. 2 is aggrieved of this order, it shall be open for him to file an appropriate application before this Court.
September 9, 2025 AKShukla/- NA528 No. 32834 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad