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2026 DAILYLAW 9883 (ALL)

ABHISHEK BHASKAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/51405/2025 · 2026-09-27

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51405 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Manish Kumar Pandey, learned Counsel for the applicants, Mr. Krishna Kumar Pandey, learned Counsel, who has filed his vakalatnama along with affidavit in Court today, on behalf of opposite party no.2 and learned AGA for the State and perused the records. The said vakalatnama along with affidavit 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 please to quash the entire proceeding of Criminal case No. 125243 of 2023 including the charge sheet dated 14.07.2023 submitted in case crime No.253 of 2022, under Section 498A, 323, 504, 506, 403 I.P.C., section 3/4 D.P. Act, Police Station Nawabganj, District Kanpur Nagar as well as cognizance order dated 19.08.2023 passed by Metropolitan Magistrate Court No.3, Kanpur Nagar on the basis of compromise dated 17.11.2025." 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 Versus Counsel for Applicant(s) : Devi Prasad Tripathi, Manish Kumar Pandey Counsel for Opposite Party(s) : G.A. Abhishek Bhaskar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 5. 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. 6. Upon perusal of the records and the law laid down by the Apex Court on the subject, this is a fit case for exercising powers of this Court to quash the proceedings, as prayed for by the applicants. 7. The entire proceedings of the aforesaid case, insofar as the present to the present applicants, are hereby quashed. 8. The present application is allowed. September 28, 2026 Vijay NA528 No. 51405 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad