Sudhir Kumar Goyal and three others v. State of U.P. and another) before this Court to quash the proceedings

1. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record.

2. The present 528 BNSS application has been filed to quash the entire proceedings of Case No.19778 of 2024 (State vs. Sudhir Kumar Goyal and others) arising out of Case Crime No.0474 of 2024, under Sections 420, 467 & 468 I.P.C., Police Station Kotwali Dehat, District Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar on the basis of compromise.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated 09.01.2025. It is next submitted that the applicants filed 482 application No. 4026 of 2025 (Sudhir Kumar Goyal and three others Vs. State of U.P. and another) before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 10.02.2025 directed the parties to appear before the court below for verification of compromise dated

09.01.2025 (Annexure 1 to the affidavit). The order dated 10.02.2025 is being quoted below:- "1. Vakalatnama filed on behalf of Mr. S.V. Dwivedi on behalf of the opposite party no. 2, is taken on record.

2. Heard Shri Rajesh Kumar Mishra, learned counsel for the applicants and Sri Ashok Kumar Kushwaha, learned AGA for the State-respondent as well as Shri S.V. Dwivedi, counsel for respondent no. 2.

3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Case No. 19778 of 2024 (State Vs. Sudhir Kuamr Goyal and 2 NA528 No. 9916 of 2025 others), arising out of case crime no.0474 of 2024, under Sections 420, 467, 468 IPC Police Station- Kotwali Dehat, District Bulandshahar pending before the court of learned Chief Judicial Magistrate, Bulandshahar.

4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 09.01.2025 (Annexure-1 at page 14) and onwards reference whereof has been made in paragraph no. 4 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded.

5. Learned AGA on the other hand submits that he has no objection to the same.

6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Additional Chief Judicial Magistrate, Bulandshahar while filing the compromise application and a self-attested copy of the present application by

28.02.2025.

7. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 15.04.2025.

8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 19778 of 2024 (State Vs. Sudhir Kuamr Goyal and others), arising out of case crime no.0474 of 2024, under Sections 420, 467, 468 IPC Police Station- Kotwali Dehat, District Bulandshahar pending before the court of learned Chief Judicial Magistrate, Bulandshahar.

9. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.

10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application."

4. Pursuant to the said order dated 10.02.2025, parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 27.02.2025 has passed the verification order. A copy of the same is filed as Annexure 5 to the affidavit.

5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicants. Opposite party no.2 are 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. 3 NA528 No. 9916 of 2025

6. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Case No.19778 of 2024 (State vs. Sudhir Kumar Goyal and others) arising out of Case Crime No.0474 of 2024, under Sections 420, 467 & 468 I.P.C., Police Station Kotwali Dehat, District Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahar is hereby quashed.

8. The application under Section 482 Cr.P.C is accordingly allowed. September 10, 2025 SKD (Deepak Verma,J.)

1. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record.

2. The present 528 BNSS application has been filed to quash the entire proceedings of Case No.19778 of 2024 (State vs. Sudhir Kumar Goyal and others) arising out of Case Crime No.0474 of 2024, under Sections 420, 467 & 468 I.P.C., Police Station Kotwali Dehat, District Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar on the basis of compromise.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated 09.01.2025. It is next submitted that the applicants filed 482 application No. 4026 of 2025 (Sudhir Kumar Goyal and three others Vs. State of U.P. and another) before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court vide order dated 10.02.2025 directed the parties to appear before the court below for verification of compromise dated

09.01.2025 (Annexure 1 to the affidavit). The order dated 10.02.2025 is being quoted below:- "1. Vakalatnama filed on behalf of Mr. S.V. Dwivedi on behalf of the opposite party no. 2, is taken on record.

2. Heard Shri Rajesh Kumar Mishra, learned counsel for the applicants and Sri Ashok Kumar Kushwaha, learned AGA for the State-respondent as well as Shri S.V. Dwivedi, counsel for respondent no. 2.

3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Case No. 19778 of 2024 (State Vs. Sudhir Kuamr Goyal and 2 NA528 No. 9916 of 2025 others), arising out of case crime no.0474 of 2024, under Sections 420, 467, 468 IPC Police Station- Kotwali Dehat, District Bulandshahar pending before the court of learned Chief Judicial Magistrate, Bulandshahar.

4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 09.01.2025 (Annexure-1 at page 14) and onwards reference whereof has been made in paragraph no. 4 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded.

5. Learned AGA on the other hand submits that he has no objection to the same.

6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Additional Chief Judicial Magistrate, Bulandshahar while filing the compromise application and a self-attested copy of the present application by

28.02.2025.

7. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 15.04.2025.

8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Case No. 19778 of 2024 (State Vs. Sudhir Kuamr Goyal and others), arising out of case crime no.0474 of 2024, under Sections 420, 467, 468 IPC Police Station- Kotwali Dehat, District Bulandshahar pending before the court of learned Chief Judicial Magistrate, Bulandshahar.

9. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.

10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application."

4. Pursuant to the said order dated 10.02.2025, parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 27.02.2025 has passed the verification order. A copy of the same is filed as Annexure 5 to the affidavit.

5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 do not wish to press the aforesaid case against the applicants. Opposite party no.2 are 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. 3 NA528 No. 9916 of 2025

6. In view of the facts and circumstances of the case, the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Case No.19778 of 2024 (State vs. Sudhir Kumar Goyal and others) arising out of Case Crime No.0474 of 2024, under Sections 420, 467 & 468 I.P.C., Police Station Kotwali Dehat, District Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahar is hereby quashed.

8. The application under Section 482 Cr.P.C is accordingly allowed. September 10, 2025 SKD (Deepak Verma,J.)