NA528/42098/2025 of RAHUL SAXENA AND 4 OTHERS Vs STATE OF U.P. AND 2 OTHERS on 14 September 2026

1. Heard Mr. Surendra Kumar Tripathi, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

2. The present application under Section 528 B.N.S.S. has been filed for quashing the entire proceedings of Criminal Case No. 24110 of 2024 (State Vs. Rahul Saxena and others), under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Jagdishpura, District Agra, arising out of Case Crime No. 663 of 2023, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Agra on the basis of compromise dated 10.09.2025.

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 this application under Section 528 BNSS with prayer to quash the proceedings in terms of compromise entered between the parties and this Court vide order dated 15.12.2025 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 20.01.2026 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 have settled their dispute through compromise and, as such, opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is Versus Counsel for Applicant(s) : Jigyasha Tripathi, Surendra Kumar Tripathi Counsel for Opposite Party(s) : Deepak Kumar Patel, G.A. Rahul Saxena And 4 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)

allowed to go on.

4. Learned counsel for the opposite party no. 2 and learned A.G.A. submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

5. The Hon'ble Apex Court in the case of 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, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties 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, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

6. Considering the facts and circumstances of the case, as noted herein above, and also 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.

7. Accordingly, entire proceedings of Criminal Case No. 24110 of 2024 (State Vs. Rahul Saxena and others), under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Jagdishpura, District Agra, arising out of Case Crime No. 663 of 2023, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Agra, are hereby quashed in terms of compromise dated 10.09.2025.

8. This application under Section 528 B.N.S.S. is accordingly allowed. September 15, 2026 v.k. updh. NA528 No. 42098 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad