Allahabad High Court
NA528/50425/2025 of SHAHRUKH ALIAS JAFAR AND 3 OTHERS Vs STATE OF U.P. AND 2 OTHERS on 6 May 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50425 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard Sri Sunil Kumar Tiwari, learned counsel for applicants, Sri Anmol Chauhan, Advocate holding brief of Sri Arun Kumar,
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50425 of 2025
Court No. - 79
HON'BLE CHAWAN PRAKASH, J.
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1. Supplementary affidavit filed today, is taken on record.
2. Heard Sri Sunil Kumar Tiwari, learned counsel for applicants, Sri Anmol Chauhan, Advocate holding brief of Sri Arun Kumar, learned counsel for opposite party No.2 and learned AGA for the State.
3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS to charge sheet dated 10.06.2022 along with summoning order dated 06.03.2023 as well as entire proceeding of Session Trial No.287 of 2023 arising out of Case Crime No.0088 of 2021, under Sections 323, 324, 307, 504, 506 I.P.C. Police Station Falawada, District Meerut on the basis of compromise dated 01.12.2025.
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 528 BNSS No.18708 of 2019 with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 14.1.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 3.2.2026 verified the parties as well as compromise application. He further submitted that applicants and 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 Versus Counsel for Applicant(s) : Sunil Kumar Tiwari Counsel for Opposite Party(s) : Arun Kumar, G.A. Shahrukh Alias Jafar And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
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 10.06.2022 along with summoning order dated 06.03.2023 as well as entire proceeding of Session Trial No.287 of 2023 arising out of Case Crime No.0088 of 2021, under Sections 323, 324, 307, 504, 506 I.P.C. Police Station Falawada, District Meerut is hereby quashed. NA528 No. 50425 of 2025
10. This application under Section 528 B.N.S.S. is accordingly allowed. May 7, 2026 Md Faisal NA528 No. 50425 of 2025
(Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad