KHALID SULTAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5424/2026 · 2026-09-16
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8014 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8014 (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. - 5424 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Ms. Apurva Pandey, learned Counsel holding brief of Mr. Badri Mani Tripathi, learned Counsel for the applicants 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:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash the Charge sheet dated 12.06.2008 alongwith entire criminal proceeding of Criminal Case No. 1341 of 2008 (State vs. Khalid Sultan & others) arising out of Case Crime No. 140 of 2008, under section 498-A, 323, 504, 506 IPC & 3/4 of D.P. Act, Police Station Kotwali, District Etawah, pending in the court of Judicial Magistrate-II, Etawah in the light of compromise dated 04.07.2013 which is executed between the applicant No.1 and O.P. No.2."
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 quashed. 4. Learned A.G.A. admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicants. Versus Counsel for Applicant(s) : Badri Mani Tripathi Counsel for Opposite Party(s) : G.A. Khalid Sultan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 5424 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad