Allahabad High Court

NA528/43711/2026 of RAM RAHISH AND 4 OTHERS Vs STATE OF U.P. AND ANOTHER on 7 October 2026

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JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43711 of 2026 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Lal Prabhakar Singh, learned counsel for the applicants, Sri Anil Kumar Ojha, learned A.G.A. for the State and Sri Chandra Jeet Singh, learned counsel for the opposite

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 43711 of 2026

Court No. - 80

HON'BLE CHAWAN PRAKASH, J.

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1. Heard Sri Lal Prabhakar Singh, learned counsel for the applicants, Sri Anil Kumar Ojha, learned A.G.A. for the State and Sri Chandra Jeet Singh, learned counsel for the opposite party no. 2 and perused the record.

2. The present application under Section 528 B.N.S.S. has been filed with the prayer to quash the charge-sheet dated 22.11.2009 as well as cognizance order dated 23.12.2009 and entire proceedings of Case No. 1429 of 2018 (State Vs Ram Rahish and others), arising out of Case Crime No. 786 of 2009, under Section 498-A I.P.C. and 3/4 D.P. Act, Police Station Rajpura, District Badaun (Now Sambhal), pending before the Judicial Magistrate, Gunnor, District - Sambhal.

3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicants approached this Court by filing Application under Section 528 BNSS No. 36305 of 2026 with the prayer to quash the proceedings on terms of compromise entered between the parties. By order dated 01.09.2026 this Court directed the parties to appear before the trial court for verification of their identification and the compromise deed. By order dated 19.09.2026, the trial court identified the parties and the compromise deed. He further submitted that applicants and opposite party no.2 have compromised the matter and that opposite party No.2 does not wish to pursue the aforesaid case against the applicants. He also submitted that applicants and opposite party no.2 have settled their dispute through compromise and, therefore, opposite party no.2 does not wish to pursue the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution against the applicants and, in view of the compromise, no fruitful purpose would be served by allowing the prosecution to continue. Versus Counsel for Applicant(s) : Lal Prabhakar Singh Counsel for Opposite Party(s) : Chandra Jeet Singh, G.A. Ram Rahish And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

4. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

5. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

6. In Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, the Hon'ble Supreme Court has categorically held that the parties may enter into compromise even in respect of certain cognizable and non-compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, the law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

7. Considering the facts and circumstances of the case, as noted above, and the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

8. Accordingly, the proceedings of aforesaid case are hereby quashed insofar as present applicants are concerned.

9. This application under Section 528 of the B.N.S.S. is accordingly allowed. October 8, 2026 Rmk. NA528 No. 43711 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

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