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2026 DAILYLAW 5347 (ALL)

VINOD KUMAR AND 2 OTHERS v. STATE OF UP AND ANOTHER

NA528/37199/2026 · 2026-09-07

Deepak Verma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37199 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present application has been filed to quash the impugned cognizance/summoning order dated 28.01.2025 passed by the learned Special Judge Dacoity Affected Area/IIInd Additional District and Sessions Judge, Farrukhabad, as well as the entire proceedings of Complaint Case No. 304 of 2022 (Anita Devi Vs. Vinod Kumar and others) for the offence punishable under Sections 392, 323, 504, 506 I.P.C., Police Station Kotwali Mohammadabad, District Farrukhabad, pending in the court of Special Judge Dacoity Affected Area/IIIrd Additional District and Sessions Judge, Farrukhabad, on the basis of the compromise arrived between the parties. 3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Earlier, the Applicants approached this Hon'ble Court by filing Application under section BNSS No.6360 of 2026 with prayer to quash the proceedings on terms of compromise entered between the parties. The Co-ordinate Bench of this Court vide order dated 16.02.2026 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 07.03.2026 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 Versus Counsel for Applicant(s) : Lavkush Kumar Bhatt Counsel for Opposite Party(s) : G.A. Vinod Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 4. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 5. The Hon'ble Apex Court in the case of 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, wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, 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 herein above, and also 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 entire proceedings of Complaint Case No. 304 of 2022 (Anita Devi Vs. Vinod Kumar and others) for the offence punishable under Sections 392, 323, 504, 506 I.P.C., Police Station Kotwali Mohammadabad, District Farrukhabad, is hereby quashed. 8. This application under Section 528 B.N.S.S. is accordingly allowed. September 8, 2026 Meenu Singh NA528 No. 37199 of 2026 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad