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2025 DAILYLAW 91871 (ALL)

ARVIND SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34046/2025 · 2025-09-08

Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34046 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for opposite party no. 1 as well as Sri Devid Kumar Singh, Advocate, who has put in appearance on behalf of respondent no. 2 by filing his Vakalatnama, which is taken on record. 2. This application has been filed challenging the entire proceeding of Case No. 17 of 2025 (State vs. Arvind Singh and others), arising out of Case Crime No. 189 of 2024, under Sections 115(2), 352, 351(2) BNS, Police Station- Koraon, District- Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Room No. 10, Prayagraj as well as charge-sheet dated 08.09.2024 and for setting aside the impugned cognizance/summoning order dated 22.01.2025 passed by Additional Chief Judicial Magistrate, Room No. 10, Prayagraj on the basis of compromise/settlement. 3. Learned counsel for the applicants submits that the dispute is in the nature of family dispute and, during the course of time, the parties have amicably settled the same and a compromise agreement has been executed on 13.08.2025, according to which the proceedings of the aforesaid case should be dropped. 4. Learned counsel for opposite party no. 2 has not disputed the compromise between the parties or the genuineness of the agreement, original whereof is annexed along with the affidavit. Versus Counsel for Applicant(s) : Abhinav Dwivedi Counsel for Opposite Party(s) : Devid Kumar Singh, Rakesh Kumar Srivastava, G.A. Arvind Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Considering the nature of allegations levelled in the F.I.R., the record of investigation, statements of the parties not to pursue the criminal case and the original compromise dated 13.08.2025 being on record, this Court finds that continuance of criminal proceedings would tantamount to abuse of process of law. 6. In view of the law laid down by the 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 and another; (2008) 9 SCC 677, the application is allowed. 7. The proceedings of the aforesaid case are hereby quashed. 8. In case any party applies for certified copy of compromise dated 13.08.2025, the same shall be issued to him. September 9, 2025 Pkb/ NA528 No. 34046 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad