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2026 DAILYLAW 9305 (ALL)

SHIVAM YADAV v. STATE OF U.P. AND ANOTHER

NA528/25414/2026 · 2026-09-20

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25414 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. This matter is being taken up in the date fixed category. 2. Vakalatnama preferred at the behest of opposite party no.2 by Sri Pavnesh Mishra, Advocate as well as supplementary affidavit preferred at the behest of learned counsel for applicant in Court are taken on record. 3. Heard learned counsel for the parties and perused the record. 4. The present application has been filed to quash the charge-sheet dated 14.07.2025, cognizance/summoning order dated 17.11.2025 and the entire proceedings of Case No.388 of 2025 (State vs. Subodh Kumar and Others) arising out of Case Crime No.146 of 2025, under sections 115(2), 352, 351(3), 118(1) BNS, P.S. Bakewar, District- Etawah, pending before learned court of Additional Chief Judicial Magistrate, Court No.4, Etawah. 5. From perusal of record appended along with instant application including the supplementary affidavit, it is apparent that both the parties i.e. applicant and opposite party no.2 have already been entered into a compromise in respect of alleged offence, which has been reduced in writing on dated 05.09.2026 and the same has been accepted by learned counsel for both the parties at the behest of their respective clients. Moreover, statement of same effect which has been narrated in the compromise dated 05.09.2026 has already been verified by learned court concerned vide order dated 17.07.2026, certified copy of which is appended as Annexure No.5 of the instant application. 6. Learned counsel for applicant submits that the above compromise as well Versus Counsel for Applicant(s) : Lavkush Dixit Counsel for Opposite Party(s) : G.A. Shivam Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) as the statement of opposite party no.2 sworn with an affidavit, has been verified by learned court concerned only in respect of the applicant herein. 7. On the other hand, learned AGA and learned counsel for opposite party no.2 states the parties have amicably settled their dispute and fact of compromise has been confirmed and admitted by them and jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in light of above compromise as well as the verification order dated 17.07.2026. 8. In view of above facts and circumstances of the case, the charge-sheet dated 14.07.2025, cognizance/summoning order dated 17.11.2025 and the entire proceedings of Case No.388 of 2025 (State vs. Subodh Kumar and Others) arising out of Case Crime No.146 of 2025, under sections 115(2), 352, 351(3), 118(1) BNS, P.S. Bakewar, District- Etawah, pending before learned court of Additional Chief Judicial Magistrate, Court No.4, Etawah, are hereby quashed, only in respect of applicant herein. 9. Accordingly, the present application stands allowed. September 21, 2026 Saif NA528 No. 25414 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad