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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 257 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Avinash Pandey, learned Counsel for the applicants and learned AGA for the State and perused the records. The supplementary affidavit filed today is taken on record. 2. The present application under Section 528 BNSS has been filed by the applicant 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 entire proceedings of Case No. 5278/9 of 2016 (State vs. Ashu Singhal) arising out of Case Crime no.656 of 2015, Under Section-498A, 323, 504, 506, 316, 377 IPC & 3/4 D.P. Act, Police Station-Kairana, District-Shamli, Pending in the Court of Chief Judicial Magistrate, Shamli on the basis of compromise, in the interest of justice."
3. Learned Counsel for the applicant has submitted that the applicant 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 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. Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Ashu Singhal .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 applicant. 8. The entire proceedings of the aforesaid case with regard to the present applicant are hereby quashed. 9. The present application is allowed. September 23, 2026 Vijay NA528 No. 257 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad