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2026 DAILYLAW 578 (ALL)

KARUN KUMAR BALIYAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7021/2026 · 2026-03-17

Tej Pratap Tiwari

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7021 of 2026 Court No. - 79 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicants, learned A.G.A for the State and perused the records. 2. The present application under Section 528 BNSS has been filed to quash the entire proceedings of Case No. 8152 of 2018 (State Vs. Karun Baliyan and others) and case no. 8601 of 2020 (State Vs. Karun Kumar Baliyan and others), arising out of Case Crime No. 0062 of 2018, under Sections 498A, 323, 504, 506 of I.P.C. and 3/4 DP Act, Police Station Mahila Thana, District Muzaffarnagar, charge sheet dated 01.12.2018 & 11.07.2020 as well as cognizance order dated 24.12.2018 & 16.09.2020, pending in the court of Civil Judge (Jr. Div.), F.T.C-1, Muzaffarnagar. 3. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 11.04.2025 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned verified the said compromise. Copy of the same is on record at page 81 and 89. 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 : Versus Counsel for Applicant(s) : Kapil Dev Dubey, Pratikdhar Dwivedi, Rahul Kumar Counsel for Opposite Party(s) : G.A. Karun Kumar Baliyan And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (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 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 proceedings, charge sheet as well as cognizance order as prayed for by the applicant(s). 6. The present application is allowed. 7. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed. March 18, 2026 PS NA528 No. 7021 of 2026 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad