Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 7250 (ALL)

SUBHAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7293/2026 · 2026-09-16

Chawan Prakash

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7293 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Ms. Vandana Verma, learned Counsel holding brief of Mr. Safeer Ahmad, learned Counsel for the applicants, Mr. Hemant Kumar, learned Counsel for opposite party no.2 and learned AGA for the State and perused the records. 2. The present application under Section 528 BNSS has been filed by the applicants with the following prayer: "Court It is therefore, most respectfully prayed that the Hon'ble Court may be pleased to allow the present application and quash the charge sheet по. 170 of 2023 dated 12.12.2023 and cognizance order dated 19.6.2024 passed by learned Additional Chief Judicial Magistrate, No.2, Moradabad and also entire proceedings of Case No. 30514 of 2024 (State Vs. Subhan and others) arising out of Case Crime No. 179 of 2023 summoned the applicant nos.1 to 3 under section 498-A, 323, 504, 506 I.P.C. and section 3/4 D.P. Act and summoned the applicant no.4 under section 498-A, 323, 504, 506, 354 I.P.C., Police Station Galshaheed, District Moradabad in the light of compromise dated 5.1.2026 pending in the court of Additional Chief Judicial Magistrate, Court No.2 Moradabad." 3. Learned Counsel for the applicants has submitted that the applicants and opposite party no.2 have compromised the dispute. It is further argued that the said compromise has also been verified by the concerned Trial Court, as such the proceedings against the applicants may be Versus Counsel for Applicant(s) : Zafeer Ahmad Counsel for Opposite Party(s) : G.A., Hemant Kumar Subhan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) quashed. 4. Learned counsel for opposite party no.2 admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicants. 5. From the perusal of the record it is apparent that parties have entered into compromise and have settled their dispute amicably. 6. 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 : (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. 7. 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 as prayed for by the applicants. 8. The entire proceedings of the aforesaid case with regard to the present applicants are hereby quashed. 9. The present application is allowed. September 17, 2026 Vijay NA528 No. 7293 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad