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2026 DAILYLAW 9944 (ALL)

ASHOK AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

NA528/37705/2026 · 2026-09-29

Samit Gopal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37705 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Mahesh Kumar, learned counsel for the applicants, Sri Yogesh Kumar Tiwari, learned counsel for the opposite party no. 2 to 4 and Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. The present application under Sections 528 BNSS has been filed by the applicants Ashok, Gangaram, Vinod and Pramod with the prayer to allow the present application and quash the entire proceedings of Special Trial No. 293 of 2016, State Vs. Ashok and others, under Sections 323, 504, 506, 325 I.P.C. and section 3(1)(X) of S.C./S.T. Act, arising out of Case Crime No. 291 of 2015, P.S.- Gursarai, District Jhansi, pending in the court of Special Judge, SC/ST Act, Jhansi and with a further prayer to stay the further proceedings of the said case. 4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 19.02.2025 in Application U/s 4918 of 2025 (Ashok and 3 others Vs. State of U.P. and 3 others) directing the applicants to file the compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 03.04.2025 verified the said compromise, copy of the same is annexure 7 to the affidavit. The same is not disputed by learned counsel for the opposite party no.2 to 4. Learned counsel for the opposite party no.2 to 4 while placing short counter affidavit dated 25.09.2026 which is on record submits that they have returned the amount of entire compensation awarded to them in the appropriate head of the government, para 7 and annexure S.A.1 being the treasury challan to the same has been placed before the Court. 5. Learned counsel for the State has no objection to the said proposition. Versus Counsel for Applicant(s) : Mahesh Kumar Counsel for Opposite Party(s) : G.A., Yogesh Kumar Tiwari Ashok And 3 Others .....Applicant(s) State Of U.P. And 3 Others .....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, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s). 8. The present application is allowed. 9. The entire proceeding of the aforesaid case is hereby quashed. September 30, 2026 M. ARIF NA528 No. 37705 of 2026 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad