YOGENDRA SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/41624/2026 · 2026-10-06
Chawan Prakash
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 15752 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15752 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41624 of 2026 Court No. - 80 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Manoj Kumar Singh, learned counsel for applicants and learned AGA for the State. 2. The present application under Section 528 of the B.N.S.S. has been filed by the applicants with a prayer to quash the charge sheet No.47 of 2025 dated 31.03.2025, summoning/ cognizance order dated 30.05.2025 passed by learned Judicial Magistrate, Thakurdwara, (Moradabad) and the entire proceeding of Criminal Case No.573 of 2025 (State Vs. Yogendra Singh and others), arising out of Case Crime No.18/2025, under Sections 85, 115(2), 351 (3), 352 BNS and 3/4 of D.P. Act of Police Station- Bhagatpur, District-Moradabad, pending in the Court Judicial Magistrate, Thakurdwara, District-Moradabad. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Court by filing this application with prayer to quash the proceedings on terms of compromise entered between the parties. By order dated 22.7.2026, passed in Application U/S 528 BNSS No.29130 of 2026, this Court directed the parties to appear before the trial court for verification of their identification and the compromise deed. By order dated 19.8.2026, the trial court identified the parties and the compromise deed. He further submitted that applicants and opposite party no.2 have compromised the matter and that opposite party No.2 does not wish to pursue the aforesaid case against the applicants. He also submitted that applicants and opposite party no.2 have settled their dispute through Versus Counsel for Applicant(s) : Manoj Kumar Singh, Sanjeev Kumar Counsel for Opposite Party(s) : G.A. Yogendra Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
compromise and, therefore, opposite party no.2 does not wish to pursue the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution against the applicants and, in view of the compromise, no fruitful purpose would be served by allowing the prosecution to continue. 4. Learned AGA does not dispute the correctness of the submission made by learned counsel for the applicants or the authenticity of the documents relied upon by him. He submits that he has no objection, if the proceedings in the aforesaid case are quashed. 5. In Narindra Singh and others Vs.
State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, the Hon'ble Supreme Court has categorically held that the parties may enter into compromise 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. and another [2013 (83) ACC 278], in which, the law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 6. Considering the facts and circumstances of the case, as noted above, and the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 7. Accordingly, the proceedings of aforesaid case are hereby quashed insofar as present applicants are concerned. 8. This application under Section 528 of the B.N.S.S. is accordingly allowed. October 7, 2026 Md Faisal NA528 No. 41624 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad