High Court · 2025

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

2. The present 528 BNSS application has been filed to quash the charge-sheet no.119 of 2024 dated 04.04.2024, cognizance order dated 18.01.2025 as well as entire proceedings of Case No.2094 of 2025 arising out of Case Crime No.91 of 2024, under Sections 452, 323, 504, 506 & 308 I.P.C., Police Station Faizganj Behta, District Budaun, pending in the court of Civil Judge (Senior Division)/F.T.C./ACJM, Badaun, in terms of compromise dated 18.03.2025.

3. Learned counsel for the applicant submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court in terms of compromise dated 18.03.2025 despite having injury and fracture to injured. It is next submitted that the applicants filed 528 BNSS application No.14991 of 2025 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 02.06.2025 directed the parties to appear before the court below for verification of compromise dated 18.03.2025 (Annexure 5 to the affidavit). The order dated 02.06.2025 is being quoted below:- "1. Heard Sri Pankaj Satsangi, learned counsel for the applicants, Sri Vikas Sharma, learned State Law officer for the State.

2. This is an application under Section 528 of BNSS preferred by the applicants for quashing of the Charge Sheet no. 119 of 2024 dated 04.04.2024, cognizance order dated 18.01.2025 passed by C.J. (S.D.)/F.T.C./A.C.J.M., Budaun in Case no. 2094 of 2025, in Case crime no. 91 of 2024, under section 452, 323, 504, 506, 308 I.P.C., Police Station Faizganj Behta, District Budaun as well the entire proceedings of case no. 2094 of 2025 in connection with Case Crime no. 91 of 2024, under sections 452, 323, 504, 506, 308 1.P.C., Police station Faizganj Behta, District Budaun pending in the Court of Civil Judge (S.D.)/F.T.C./A.C.J.M., Budaun.

3. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceedings, parties have entered into a compromise on 18.03.2025, Annexure-4 at page-53 of the paper- book, reference whereof has been made in paragraph-11 of the application. Learned counsel for the applicant submits that the compromise has been filed before the court of Civil Judge (Sr. Div.)/ ACJM/FTC, Budaun. Submission is that the direction be issued to the court below for verifying the same and till verification is done, protection be accorded.

4. Learned A.G.A. submits that as per the certified copy so annexed herewith, it appears that a compromise has been entered between the parties and thus, a direction be issued to the court below for verifying the same.

5. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicants (parties) to appear before the court of Civil Judge (S.D.)/F.T.C./A.C.J.M., Budaun along with the self-attested copy of the application under Section 528 of BNSS and the certified copy of the order by 25.06.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to appear for verifying the compromise.

6. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in the proceedings including the Charge Sheet no. 119 of 2024 dated 04.04.2024, cognizance order dated 18.01.2025 passed by C.J. (S.D.)/F.T.C./A.C.J.M., Budaun in Case no. 2094 of 2025, in Case crime no. 91 of 2024, under section 452, 323, 504, 506, 308 I.P.C., Police Station Faizganj Behta, District Budaun as well the entire proceedings of case no. 2094 of 2025 in connection with Case Crime no. 91 of 2024, under sections 452, 323, 504, 506, 308 1.P.C., Police station Faizganj Behta, District Budaun pending in the Court of Civil Judge (S.D.)/F.T.C./A.C.J.M., Budaun. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein.

7. In case of default, protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again."

4. Pursuant to the said order dated 02.06.2025, 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 05.07.2025 has passed the verification order. A copy of the same is annexed 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 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.

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.2094 of 2025 arising out of Case Crime No.91 of 2024, under Sections 452, 323, 504, 506 & 308 I.P.C., Police Station Faizganj Behta, District Budaun, pending in the court of Civil Judge (Senior Division)/F.T.C./ACJM, Badaun, is hereby quashed.

8. The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 7.8.2025 SKD SURJIT KUMAR DEY High Court of Judicature at Allahabad

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

2. The present 528 BNSS application has been filed to quash the charge-sheet no.119 of 2024 dated 04.04.2024, cognizance order dated 18.01.2025 as well as entire proceedings of Case No.2094 of 2025 arising out of Case Crime No.91 of 2024, under Sections 452, 323, 504, 506 & 308 I.P.C., Police Station Faizganj Behta, District Budaun, pending in the court of Civil Judge (Senior Division)/F.T.C./ACJM, Badaun, in terms of compromise dated 18.03.2025.

3. Learned counsel for the applicant submits that the applicants and opposite party no.2 have amicably settled the dispute out of Court in terms of compromise dated 18.03.2025 despite having injury and fracture to injured. It is next submitted that the applicants filed 528 BNSS application No.14991 of 2025 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 02.06.2025 directed the parties to appear before the court below for verification of compromise dated 18.03.2025 (Annexure 5 to the affidavit). The order dated 02.06.2025 is being quoted below:- "1. Heard Sri Pankaj Satsangi, learned counsel for the applicants, Sri Vikas Sharma, learned State Law officer for the State.

2. This is an application under Section 528 of BNSS preferred by the applicants for quashing of the Charge Sheet no. 119 of 2024 dated 04.04.2024, cognizance order dated 18.01.2025 passed by C.J. (S.D.)/F.T.C./A.C.J.M., Budaun in Case no. 2094 of 2025, in Case crime no. 91 of 2024, under section 452, 323, 504, 506, 308 I.P.C., Police Station Faizganj Behta, District Budaun as well the entire proceedings of case no. 2094 of 2025 in connection with Case Crime no. 91 of 2024, under sections 452, 323, 504, 506, 308 1.P.C., Police station Faizganj Behta, District Budaun pending in the Court of Civil Judge (S.D.)/F.T.C./A.C.J.M., Budaun.

3. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceedings, parties have entered into a compromise on 18.03.2025, Annexure-4 at page-53 of the paper- book, reference whereof has been made in paragraph-11 of the application. Learned counsel for the applicant submits that the compromise has been filed before the court of Civil Judge (Sr. Div.)/ ACJM/FTC, Budaun. Submission is that the direction be issued to the court below for verifying the same and till verification is done, protection be accorded.

4. Learned A.G.A. submits that as per the certified copy so annexed herewith, it appears that a compromise has been entered between the parties and thus, a direction be issued to the court below for verifying the same.

5. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicants (parties) to appear before the court of Civil Judge (S.D.)/F.T.C./A.C.J.M., Budaun along with the self-attested copy of the application under Section 528 of BNSS and the certified copy of the order by 25.06.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to appear for verifying the compromise.

6. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in the proceedings including the Charge Sheet no. 119 of 2024 dated 04.04.2024, cognizance order dated 18.01.2025 passed by C.J. (S.D.)/F.T.C./A.C.J.M., Budaun in Case no. 2094 of 2025, in Case crime no. 91 of 2024, under section 452, 323, 504, 506, 308 I.P.C., Police Station Faizganj Behta, District Budaun as well the entire proceedings of case no. 2094 of 2025 in connection with Case Crime no. 91 of 2024, under sections 452, 323, 504, 506, 308 1.P.C., Police station Faizganj Behta, District Budaun pending in the Court of Civil Judge (S.D.)/F.T.C./A.C.J.M., Budaun. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein.

7. In case of default, protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again."

4. Pursuant to the said order dated 02.06.2025, 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 05.07.2025 has passed the verification order. A copy of the same is annexed 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 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.

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.2094 of 2025 arising out of Case Crime No.91 of 2024, under Sections 452, 323, 504, 506 & 308 I.P.C., Police Station Faizganj Behta, District Budaun, pending in the court of Civil Judge (Senior Division)/F.T.C./ACJM, Badaun, is hereby quashed.

8. The application under Section 482 Cr.P.C is accordingly allowed. Order Date :- 7.8.2025 SKD SURJIT KUMAR DEY High Court of Judicature at Allahabad