HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9866 of 2026 Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. The present application under Section 528 BNSS has been filed by the applicants seeking quashing of the entire proceedings of Criminal Case No. 3905 of 2023, arising out of Case Crime No. 0142 of 2022, under Sections 304A, 337, 338 of IPC, Police Station Obra, District Sonbhadra. 2. Learned counsel for the applicants submits that in the present case he had earlier filed Application u/s 482 Cr.P.C. No. 26972 of 2024 challenging the impugned order dated 21.04.2023 but co-ordinate Bench of this Court on 16.06.2025 dismissed the application along with liberty to file fresh Application u/s 528 BNSS as Hon'ble Committee of High Court for implication of new criminal laws resolved on 22.08.2024 due to which Application 482 was not maintainable in the direction of above said order applicants had filed fresh Application u/s 528 BNSS. He further submitted that the parties have settled their dispute by way of compromise dated 31.07.2024 and the said compromise was duly approved by the trial court on 09.04.2025, which is on record. 3. Learned counsel for the opposite party no. 2 argued that as the parties have already settled their dispute in the aforesaid case and, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants. 4. Heard learned counsel for the applicants and learned counsel for the Opposite Party No.2 and learned AGA for the State. 5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303, has observed that: (SCC p.340, Versus Counsel for Applicant(s) : Harshit Kumar Srivastava, Himanshu Srivastava, Madan Lal Srivastava Counsel for Opposite Party(s) : G.A. Ramesh Chandra Vaish And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is resorted; securing the ends of justice being the ultimate guiding factor." 5. Keeping in mind the position of law and facts, circumstances of the case, the present application under Section 528 BNSS stands allowed. 6. The entire proceedings of Criminal Case No. 3905 of 2023, arising out of Case Crime No. 0142 of 2022, under Sections 304A, 337, 338 of IPC, Police Station Obra, District Sonbhadra, is hereby quashed. 7. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 8. The parties may file the certified copy of this order before the court concerned within six weeks from today. March 19, 2026 Israr NA528 No. 9866 of 2026 2 (Padam Narain Mishra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad