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2025 DAILYLAW 94668 (ALL)

SUNIL KUMAR SONKAR ALIAS RAJAN v. STATE OF U.P. AND ANOTHER

NA528/34649/2025 · 2025-09-16

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34649 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Ajay Kumar Singh, learned counsel for the applicant and Shri O.P. Singh, learned AGA for the State. 2. This application U/S 528 BNSS has been preferred for quashing of the entire proceedings, including proceedings of charge sheet dated 07.05.2023 as well as proceedings of cognizance order dated 13.09.2023 of Criminal Case No.109564 of 2023 (State Vs. Sunil Kumar Sonkar @ Rajan), arising out of Case Crime No.49 of 2023, under Sections 294, 354A, 354B, 323, 506 IPC, P.S. Bhelupur, District Varanasi, pending in the court of learned Judicial Magistrate-II, Varanasi, on the basis of compromise arrived at between the parties. 3. It is contended by learned counsel for the applicant that the applicant and opposite party no.2 have entered into compromise and the same has been verified by the learned Court concerned and a report regarding the same is on the record. It is also submitted that a dispute regarding some property exists between the applicant and opposite party no.2 and the applicant is the elder brother-in-law of the opposite party no.2. The mother of the applicant has also filed a case against opposite party no.2 under Sections 323, 506, 427 IPC. The above sections are compoundable and the parties in that case are willing to compromise the said case also. Learned counsel for the applicant further prays that in view of the compromise entered into between the applicant and opposite party no.2, the proceeding of the aforesaid case be quashed. 4. On the other hand, learned AGA for the State has no objection to the Versus Counsel for Applicant(s) : Ajay Kumar Singh Counsel for Opposite Party(s) : G.A. Sunil Kumar Sonkar Alias Rajan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) above submissions made by learned counsel for the applicant. 5. In view of the fact that applicant and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court 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, in respect of the applicant. It was stated 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. 6. In view of the aforesaid, the impugned charge-sheets/cognizance- summoning order and entire proceedings of Case Crime No.49 of 2023, under Sections 294, 354A, 354B, 323, 506 IPC, P.S. Bhelupur, District Varanasi, pending in the court of learned Judicial Magistrate-II, Varanasi, against the applicant, is hereby quashed. 7. The application U/S 528 BNSS is allowed. September 17, 2025 RKM NA528 No. 34649 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad