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2026 DAILYLAW 12191 (ALL)

RAJARAM DHANWANI @ RAJA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/31215/2024 · 2026-10-06

Madan Pal Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 31215 of 2024 Court No. - 79 HON'BLE MADAN PAL SINGH, J. 1. Heard learned counsel for the applicants, and the learned Additional Government Advocate for the State as well as perused the entire material available on record. 2. This application under Section 528 B.N.S.S. has been filed with the prayer to quash the charge-sheet dated 4th August, 2023, cognizance/summoning order dated 19th August, 2023 as well as the entire proceedings of Criminal Case No. 25518 of 2023 (State Rajaram & Others) arising out of Case Crime No. 27 of 2023, under Sections 381 and 411 I.P.C., Police Station-Kotwali, District-Agra, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Court No. 5, Agra, on the basis of compromised so arrived at between the parties. 3. While entertaining the present criminal application, a Coordinate Bench of this Court passed the order dated 29th July, 2026 directing the applicants to file the compromise so entered into between the parties before the trial court for its verification and the trial court was inturn directed to verify the same. 4. Pursuant to the aforesaid order, the trial court vide order dated 2nd September, 2026 has verified the compromise so arrived at between the parties, a copy of which has been brought on record along with the order-sheet of the present application. 5. Learned counsel for the applicants submits that since the compromised so arrived at between the parties and the same has also been verified by the court below, the entire proceedings of the Versus Counsel for Applicant(s) : Mukesh Baghel Counsel for Opposite Party(s) : G.A. Rajaram Dhanwani @ Raja And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) aforesaid criminal case be may be quashed by this Court. 6. Learned A.G.A. for the State has no objection, if the proceedings in the aforesaid case are quashed. 7. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, (vi).Dimpey Gujral W/o Vivek Gujral & Others Vs. Union Territory Thru. Administrator Chandigarh & Others; (2013) 11 SCC 497, (vii). H.N. Pandakumar Vs. State of Karnataka; 2025 SCC OnLine SC 38 , and (viii). Naushey Ali & Others Vs. State of Uttar Pradesh & Another; (2025) 4 SCC 78. 8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. A482 No. 31215 of 2024 2 10. Accordingly, the entire proceedings of Criminal Case No. 25518 of 2023 (State Rajaram & Others) arising out of Case Crime No. 27 of 2023, under Sections 381 and 411 I.P.C., Police Station-Kotwali, District-Agra, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Court No. 5, Agra are hereby quashed. 11. The present application is, accordingly, allowed. There shall be no order as to costs. October 7, 2026 Sushil/- A482 No. 31215 of 2024 3 (Madan Pal Singh,J.) Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad