Allahabad High Court
NA528/31685/2025 of RAKESH KUMAR AND AND ANOTHER Vs STATE OF U.P. AND ANOTHER on 7 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31685 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard Sri Viveka Nand Maurya, learned counsel for applicants, Sri Manish Kumar Singh, learned counsel for opposite party
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 31685 of 2025
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
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1. Supplementary affidavit filed today, is taken on record.
2. Heard Sri Viveka Nand Maurya, learned counsel for applicants, Sri Manish Kumar Singh, learned counsel for opposite party No.2 and learned AGA for the State.
3. The present application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to quash the charge sheet dated 22.01.20211, cognizance/summoning order dated 21.02.2011 passed by Addl. Chief Judicial Magistrate, Court No.3, Meerut in Criminal Case No. 158 of 2011 (State Vs. Rakesh) as well as entire proceeding of S.T. No.779 of 2016 (State Vs. Rakesh Kumar & Others) arising out of Case Crime No.318 of 2010, under Sections 498A, 323, 307, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station Brahmpuri, Meerut, pending in the Court of the Additional Sessions Judge, Court No.7, Meerut.
4. 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 with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 25.8.2025 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 15.9.2025 verified the parties as well as compromise application. He further submitted that applicants and Versus Counsel for Applicant(s) : Jitendra Kumar Bind, Viveka Nand Maurya Counsel for Opposite Party(s) : Alok Kumar Kushwaha, G.A., Manish Kumar Singh Rakesh Kumar And And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their dispute 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 allowed to go on.
5. 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.
6. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.
7. 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.
8. 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.
9. Accordingly, the proceedings of charge sheet dated 22.01.20211, cognizance/summoning order dated 21.02.2011 passed by Addl. Chief Judicial Magistrate, Court No.3, Meerut in Criminal Case No. 158 of NA528 No. 31685 of 2025
2011 (State Vs. Rakesh) as well as entire proceeding of S.T. No.779 of 2016 (State Vs. Rakesh Kumar & Others) arising out of Case Crime No.318 of 2010, under Sections 498A, 323, 307, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station Brahmpuri, Meerut are hereby quashed.
10. This application under Section 528 B.N.S.S. is accordingly allowed. September 8, 2026 Md Faisal NA528 No. 31685 of 2025
(Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad