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2025 DAILYLAW 90916 (ALL)

SUNIL SHARMA ALIAS SONU AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/33118/2025 · 2025-09-09

Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33118 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Shri Rajesh K.S. Chaudhary, learned counsel for the applicants the learned AGA for the State-respondent and Shri A.K. Rana, Advocate, appearing for the opposite party nos. 2 and 3, who states that he has filed Vakalatnama in the registry yesterday. 2. This instant application under Section 528 BNSS has been filed seeking quashing of the charge sheet dated 20.12.2021 as well as entire proceedings of Criminal Case/S.T. No. 1706 of 2023 (State Vs. Dharmendra @ Dhannu and others) arising out of Case Crime No. 759 of 2021, under Sections 323, 325, 308 IPC, P.S. Jahangirabad, District Bulandshahar. 3. Submission is that the allegations are trifling in nature and during the course of time, the parties have amicably settled their dispute and differences, according to which, the opposite parties do not want to prosecute the applicants. Terms of the settlement have been recorded in notarized e-stamp document dated 31.07.2025, photocopy whereof is annexed as Annexure-6 to the affidavit. 4. During the course of arguments, original of the said document has been placed before this Court, which is taken on record. 5. The original compromise contains signatures of the parties as well as their photographs. 6. Since counsel for the opposite party nos. 2 and 3 is present and has not Versus Counsel for Applicant(s) : Rajesh K.S. Chaudhary Counsel for Opposite Party(s) : Arun Kumar Rana, G.A. Sunil Sharma Alias Sonu and 3 others .....Applicant(s) State of U.P. and 2 others .....Opposite Party(s) disputed the genuineness of the compromise, no useful purpose would be served in sending the matter for verification of the compromise and based upon the statements at the bar as regards entering into compromise and also quashing of proceedings before the court below, this Court deems it appropriate to allow this application. 7. Considering the facts and 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, the application deserves to be allowed. 8. The application is, accordingly, allowed. 9. Proceedings of the aforesaid case are hereby quashed. 10. In case any of the parties applies for obtaining certified copy of the compromise dated 31.07.2025, the same shall be issued to them. September 10, 2025 AKShukla/- NA528 No. 33118 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad