Dheer Singh And 3 Others v. State of U.P & Anr.

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

The present 528 BNSS application has been filed to quash the charge-sheet dated 30.07.1994, cognizance/summoning order dated 20.02.1996, 20.09.2012 as well as entire proceedings of Criminal Case No.784 of 1996 (State vs. Balwant Singh and others) arising out of Case Crime No.323 of 1994, under Sections 147, 148, 323, 307 I.P.C., Police Station Kotwali City, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor, in the light of compromise dated 11.12.2024.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It has been alleged in the FIR that the applicants fired with country made pistol that was missed. Injury was simple in nature. Learned counsel for the applicants next submits that both the parties have amicably settled the dispute out of Court in terms of compromise dated 11.12.2024. It is next submitted that the applicants filed 528 BNSS application 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 11.12.2024 (Annexure 5 to the affidavit) within six weeks. The order dated 10.02.2025 is being quoted below:- "Sri Hari Om Mishra, Advocate, holding brief of Sri Abhishek Tiwari, Advocate, filed vakalatnama on behalf of opposite party no. 2 today, which is taken on record. Office is directed to show the name of Sri Abhishek Tiwari, in the appropriate column of counsel in the next cause list. Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 147, 148, 323, 307 of I.P.C. on the basis of compromise dated 11.12.2024. It is further submitted that one injured namely Nadrendra Prakash Sharma sustained injury of hard and blunt object. Certified copy of compromise is annexed as Annexure No. 5 of the paper book. Both the parties are directed to appear before the court concerned for verification of compromise within six from today. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 30.5.2025, as fresh. Till the next date of listing, further proceedings of Case No. 784 of 1996, arising out of Case Crime No. 323 of 1994, under Sections 17, 148, 323, 307 of I.P.C., P.S. Kotwali City, District Bijnor, shall remain stayed against the applicants. "

Pursuant to the said order dated 10.02.2025, the 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 04.04.2025 has passed the verification order. A copy of the same is annexed with the supplementary affidavit. Both the parties have amicably settled the dispute and opposite party no.2 does not want to pursue the case against the applicants. Injuries are simple in nature.

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 applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

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.

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 Criminal Case No.784 of 1996 (State vs. Balwant Singh and others) arising out of Case Crime No.323 of 1994, under Sections 147, 148, 323, 307 I.P.C., Police Station Kotwali City, District Bijnor, pending in the court of Chief Judicial Magistrate, Bijnor, is hereby quashed.

The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 11.8.2025 SKD SURJIT KUMAR DEY High Court of Judicature at Allahabad