Allahabad High Court · 2025

1. Heard Shri Umair Mahmood, learned counsel for the applicant, Shri Zeeshan Ali Khan holding brief of Shri Raj Kumar Chauhan, learned counsel for the opposite party no. 2 and Shri O.P. Mishra, learned A.G.A. for the State.

2. The instant application under section 528 BNSS has been filed seeking quashing of the entire proceedings of Case No. 39917 of 2024 (State Vs. Mohd Siraj and others) pending in the court of C.J.M. Bijnor arising out of Case Crime No. 0214 of 2024 under sections 147, 148, 149, 504, 506 324, 308, 336 IPC police station Najibabad District Bijnor in terms of compromise dated 6.5.2024 as well as verification order dated 24.2.2025.

3. Learned counsel for the applicant submits that the applicant and opposite party no. 2 are the relative and neighbor and both side have filed criminal cases against each other. Subsequently due to intervention of the well wishers, the parties have settled their dispute amicably during the pendency of the instant case and a compromise dated 6.5.2024 has been executed between the parties. On the basis of the aforesaid compromise the applicant approached this court by filing an Application u/s 482 No. 3312 of 2025, which was disposed of vide order dated 4.2.2025. The order dated 4.2.2025 reads as under: "1. Vakalatnama filed by Shri Raj Kumar Chauhan (Advocate Roll- 2305/2023), Advocate on behalf of opposite party No.2 is taken on record.

2. Heard Shri Umair Mahmood, learned counsel for the applicants, who are ten in number, Shri Raj Kumar Chauhan, learned counsel for opposite party No.2 and Shri Moti Lal, learned A.G.A. appearing on behalf of the State- respondent.

3. This application has been filed u/s 482 Cr.P.C. for quashing the Impugned Charge Sheet No. 266 of 2024 dated 05.07.2024 as well as Cognizance Order dated 11.10.2024 (State Vs. Mohd Siraj and others) passed by Chief Judicial Magistrate Bijnor in Case Crime No. 0214 of 2024 under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC Police Station-Najibabad, District-Bijnor as well as for quashing the entire proceedings of the Case No. 39917 of 2024 arising out of Case Crime No. 0214 of 2024 under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC Police Station-Najibabad, District-Bijnor in terms of compromise dated 06.05.2024.

4. Learned counsel for the applicants submits that criminal proceeding stood lodged against the applicants under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC in case Crime No. 0214 of 2024 in which a charge-sheet has been submitted bearing No. 266 of 2024 and its cognizance have been taken. He submits that already parties have entered into compromise and they shall be filing the compromise before the court below and in view of the said facts and circumstances, the proceedings be quashed.

5. Learned AGA as well as learned counsel for opposite party No.2 submit that since the parties have entered into compromise thus, verification be done in that regard.

6. At this juncture, learned counsel for the applicants submits that he shall be filing the self-attested copy of the application along with compromise application before the court below and a direction be issued for verifying the same.

7. Learned AGA as well as learned counsel for opposite party No.2 have no objection to the same.

8. Considering the submissions of the rival parties and in particular stand taken by them, the application stands disposed of granting liberty to the parties to file compromise application before the court of Chief Judicial Magistrate Bijnor in Case Crime No. 0214 of 2024 on 24.02.2025 and on the receipt of the same, the court below shall undertake the task of verifying the said compromise and the verification be done by 19.03.2025. 9. In case any compensation has already been paid then the same shall be refunded.

10. In order to facilitate the ends of justice, the applicants shall furnish self attested copy of the application.

11. Till the disposal of the compromise application which is stated to have been submitted, no coercive action shall be taken against the applicants in pursuance of the Charge Sheet No. 266 of 2024 dated 05.07.2024 in Case No. 39917 of 2024 arising out of Case Crime No. 0214 of 2024 under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC Police Station-Najibabad, District-Bijnor.

12. The interim protection accorded to the applicants shall be subject to the fulfillment of the requirement as directed in the orders and failing which the interim protection shall be vacated without reference to this Bench.

13. It is further clarified that subject to the fate of the compromise application, the parties are free to again approach the Court."

4. Subsequent thereto in compliance of the aforesaid order the parties appeared before the trial court on 24.2.2025 and in the presence of the parties the aforesaid compromise was duly verified by the trial court vide order dated 24.2.2025. Thereupon the applicant has again approached this court by filing the instant application seeking quashing of the entire proceeding of the case on the basis of the compromise dated 6.5.2024 which has been duly verified by the trial court vide order dated 24.2.2025. The certified copy of the compromise dated 6.5.2024 as well as the order dated 24.2.2025 verifying the said compromise have been annexed with the instant application.

5. Learned counsel for the opposite party no. 4 admits the above factual position and does not oppose the prayer for quashing of the entire proceedings of the instant case, in view of the compromise entered into between the parties, which has been duly verified by the trial court. Learned A.G.A. also does not oppose the prayer for quashing of the proceedings.

6. Having heard the rival submissions of the learned counsel for the parties this court has carefully gone through the record of the case. From the record it is apparent that the applicants and opposite party no. 2 are the relatives and neighbor and for an incident dated 30.4.2024 both side have filed criminal cases against each other. Thereafter during the pendency of the proceedings before the trial court they entered into a compromise dated 6.5.2024 and settled their all disputes amicably. The said compromise has also been verified by the trial court vide order dated 24.2.2025, in terms of the order of this court passed on 4.2.2025. Certified copies of the compromise and the order verifying the said compromise have also been annexed as Annexure-4 to the instant application.

8. In view thereof, no fruitful purpose will be served by keeping this criminal proceeding pending against the applicants herein, in view of the settlement between the parties. Therefore, the instant application is allowed in terms of the compromise between the parties and the entire proceedings of Case No. 39917 of 2024 (State Vs. Mohd Siraj and others) pending in the court of C.J.M. Bijnor arising out of Case Crime No. 0214 of 2024 under sections 147, 148, 149, 504, 506 324, 308, 336 IPC police station Najibabad District Bijnor are hereby quashed in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab

1. Heard Shri Umair Mahmood, learned counsel for the applicant, Shri Zeeshan Ali Khan holding brief of Shri Raj Kumar Chauhan, learned counsel for the opposite party no. 2 and Shri O.P. Mishra, learned A.G.A. for the State.

2. The instant application under section 528 BNSS has been filed seeking quashing of the entire proceedings of Case No. 39917 of 2024 (State Vs. Mohd Siraj and others) pending in the court of C.J.M. Bijnor arising out of Case Crime No. 0214 of 2024 under sections 147, 148, 149, 504, 506 324, 308, 336 IPC police station Najibabad District Bijnor in terms of compromise dated 6.5.2024 as well as verification order dated 24.2.2025.

3. Learned counsel for the applicant submits that the applicant and opposite party no. 2 are the relative and neighbor and both side have filed criminal cases against each other. Subsequently due to intervention of the well wishers, the parties have settled their dispute amicably during the pendency of the instant case and a compromise dated 6.5.2024 has been executed between the parties. On the basis of the aforesaid compromise the applicant approached this court by filing an Application u/s 482 No. 3312 of 2025, which was disposed of vide order dated 4.2.2025. The order dated 4.2.2025 reads as under: "1. Vakalatnama filed by Shri Raj Kumar Chauhan (Advocate Roll- 2305/2023), Advocate on behalf of opposite party No.2 is taken on record.

2. Heard Shri Umair Mahmood, learned counsel for the applicants, who are ten in number, Shri Raj Kumar Chauhan, learned counsel for opposite party No.2 and Shri Moti Lal, learned A.G.A. appearing on behalf of the State- respondent.

3. This application has been filed u/s 482 Cr.P.C. for quashing the Impugned Charge Sheet No. 266 of 2024 dated 05.07.2024 as well as Cognizance Order dated 11.10.2024 (State Vs. Mohd Siraj and others) passed by Chief Judicial Magistrate Bijnor in Case Crime No. 0214 of 2024 under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC Police Station-Najibabad, District-Bijnor as well as for quashing the entire proceedings of the Case No. 39917 of 2024 arising out of Case Crime No. 0214 of 2024 under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC Police Station-Najibabad, District-Bijnor in terms of compromise dated 06.05.2024.

4. Learned counsel for the applicants submits that criminal proceeding stood lodged against the applicants under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC in case Crime No. 0214 of 2024 in which a charge-sheet has been submitted bearing No. 266 of 2024 and its cognizance have been taken. He submits that already parties have entered into compromise and they shall be filing the compromise before the court below and in view of the said facts and circumstances, the proceedings be quashed.

5. Learned AGA as well as learned counsel for opposite party No.2 submit that since the parties have entered into compromise thus, verification be done in that regard.

6. At this juncture, learned counsel for the applicants submits that he shall be filing the self-attested copy of the application along with compromise application before the court below and a direction be issued for verifying the same.

7. Learned AGA as well as learned counsel for opposite party No.2 have no objection to the same.

8. Considering the submissions of the rival parties and in particular stand taken by them, the application stands disposed of granting liberty to the parties to file compromise application before the court of Chief Judicial Magistrate Bijnor in Case Crime No. 0214 of 2024 on 24.02.2025 and on the receipt of the same, the court below shall undertake the task of verifying the said compromise and the verification be done by 19.03.2025. 9. In case any compensation has already been paid then the same shall be refunded.

10. In order to facilitate the ends of justice, the applicants shall furnish self attested copy of the application.

11. Till the disposal of the compromise application which is stated to have been submitted, no coercive action shall be taken against the applicants in pursuance of the Charge Sheet No. 266 of 2024 dated 05.07.2024 in Case No. 39917 of 2024 arising out of Case Crime No. 0214 of 2024 under Sections 147, 148, 149, 504, 506, 324, 308, 336 IPC Police Station-Najibabad, District-Bijnor.

12. The interim protection accorded to the applicants shall be subject to the fulfillment of the requirement as directed in the orders and failing which the interim protection shall be vacated without reference to this Bench.

13. It is further clarified that subject to the fate of the compromise application, the parties are free to again approach the Court."

4. Subsequent thereto in compliance of the aforesaid order the parties appeared before the trial court on 24.2.2025 and in the presence of the parties the aforesaid compromise was duly verified by the trial court vide order dated 24.2.2025. Thereupon the applicant has again approached this court by filing the instant application seeking quashing of the entire proceeding of the case on the basis of the compromise dated 6.5.2024 which has been duly verified by the trial court vide order dated 24.2.2025. The certified copy of the compromise dated 6.5.2024 as well as the order dated 24.2.2025 verifying the said compromise have been annexed with the instant application.

5. Learned counsel for the opposite party no. 4 admits the above factual position and does not oppose the prayer for quashing of the entire proceedings of the instant case, in view of the compromise entered into between the parties, which has been duly verified by the trial court. Learned A.G.A. also does not oppose the prayer for quashing of the proceedings.

6. Having heard the rival submissions of the learned counsel for the parties this court has carefully gone through the record of the case. From the record it is apparent that the applicants and opposite party no. 2 are the relatives and neighbor and for an incident dated 30.4.2024 both side have filed criminal cases against each other. Thereafter during the pendency of the proceedings before the trial court they entered into a compromise dated 6.5.2024 and settled their all disputes amicably. The said compromise has also been verified by the trial court vide order dated 24.2.2025, in terms of the order of this court passed on 4.2.2025. Certified copies of the compromise and the order verifying the said compromise have also been annexed as Annexure-4 to the instant application.

8. In view thereof, no fruitful purpose will be served by keeping this criminal proceeding pending against the applicants herein, in view of the settlement between the parties. Therefore, the instant application is allowed in terms of the compromise between the parties and the entire proceedings of Case No. 39917 of 2024 (State Vs. Mohd Siraj and others) pending in the court of C.J.M. Bijnor arising out of Case Crime No. 0214 of 2024 under sections 147, 148, 149, 504, 506 324, 308, 336 IPC police station Najibabad District Bijnor are hereby quashed in the light of the judgements of the Apex Court in Gian Singh vs. State of Punjab