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2025 DAILYLAW 99810 (ALL)

ANIL AND 5 OTHERS v. State of UP AND ANOTHER

NA528/33241/2024 · 2025-10-08

Tej Pratap Tiwari

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33241 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Dheeraj Kumar Pandey, learned counsel for the applicants, Sri Vinay Dubey, Advocate holding brief of Sri Mukesh Kumar Pandey, learned counsel for the opposite party no. 2, learned counsel for the State and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire criminal proceeding of S.T. No. 780 of 2022 (State vs. Anil and others) arising out of Case Crime No. 346 of 2019, under Sections 147, 323, 506, 308 and 325 I.P.C., Police Station Ramkola, District Kushinagar, pending in the Court of District and Sessions Judge, Kushinagar. 3. Learned counsel for the applicants states that an order was passed by a co- ordinate Bench of this Court on 07.11.2024, directing the applicants to file the compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 26.11.2024 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. 4. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and Versus Counsel for Applicant(s) : Dheeraj Kumar Pandey, Prashant Singh Counsel for Opposite Party(s) : Mukesh Kumar Pandey, G.A. Anil And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 5. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the entire proceedings as prayed for by the applicants. 6. The present application is allowed. 7. The entire proceeding of the aforesaid case is hereby quashed. October 9, 2025 Manoj NA528 No. 33241 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad