NITISH HITAISHI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/39995/2026 · 2026-09-20
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9333 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9333 (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. - 39995 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Amrendra Singh, learned Counsel for the applicants, Mr. Vinayak Pandey, learned Counsel, who has filed his vakalatnama in Court today on behalf of opposite party no.2, and learned AGA for the State and perused the records. The said vakalatnama is taken on record. 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 quash the impugned cognizance and Summoning Order dated 20.12.2024, Charge Sheet dated 28.08.2024 as well as entire proceedings of Case No.25014/2024 (State Vs. Nitish others) arising out of Case Crime No.146 of 2024, under Sections 85, 109, 115(2), 352 B.N.S., Police Station-Barhan, District-Agra, pending in the Court of A.C.J.M. Room No.2, Agra, in lieu of the compromise entered between the parties, during the pendency of the present application before this Hon'ble Court."
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 counsel for opposite party no.2 admitted the fact of compromise and stated that he has no objection if the proceeding of the Versus Counsel for Applicant(s) : Amrendra Singh Counsel for Opposite Party(s) : G.A. Nitish Hitaishi And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 21, 2026 Vijay NA528 No. 39995 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad