State of UP v. Shahrukh and others) arising out of Case Crime No

1. Heard learned counsel for the applicants; learned counsel for the opposite party no.2; learned A.G.A. for the State and perused the material available on record.

2. The present 528 B.N.S.S. application has been filed to quash the entire criminal proceeding of Case No.1256 of 2024 (State versus Shahrukh and others), pending before Civil Judge (S.D.) / ACJM Court Sambhal at Chandausi, arising out of Case Crime No.433 of 2020, under Sections 308, 323, 325, 504 IPC, Police Station Hayatnagar, District Sambhal at Chandausi and also to quash the charge sheet no.404 of 2020, dated

21.11.2020 as well as cognizance/summoning order dated 27.01.2021 in terms of compromise dated 20.08.2024.

3. Learned counsel for the applicants submitted that applicants and opposite party no.2 as well as injured have amicably settled their dispute out of the Court and entered into compromise. It is next submitted that injured were received grievous injury bu on persuasion of senior members of village compromised the matter and instant application filed for quashing the entire proceedings on the basis of compromise, pending against the applicants on the basis of compromise dated 20.08.2024. This Court vide order dated

13.11.2024, directed both the parties to appear before the trial court for verification of the compromise. The order dated 13.11.2024, passed by this Court is quoted below :- "1. Heard learned counsel for the applicants as well as learned AGA appearing for the State and learned counsel appearing for opposite party 2 NA528 No. 31963 of 2024 no.2.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the charge-sheet no.404/2020 dated 21.11.2020 as well as cognizance/summoning order dated

27.01.2021 and the entire proceeding of Case No.1256/2024 (State of UP v. Shahrukh and others) arising out of Case Crime No.433 of 2020, under Sections 308, 323, 325, 504 IPC, Police Station- Hayatnagar, District- Sambhal at Chandausi, pending in the court of learned Civil Judge (Sr. Div.)/ACJM Court, Sambhal at Chandausi in terms of compromise dated

20.08.2024.

3. It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and inked compromise dated 20.08.2024 which has been notarised. Copy of the said compromise is annexed as Annexure-5 to this application. It is next submitted that in changed scenario, no dispute remains between the parties and they have buried the hatchet and, at present, there is no grudge against each other, therefore, to observe peace and tranquility between them, instant criminal proceedings may be decided on the basis of the compromise.

4. Learned counsel for the opposite party no.2 has nodded the submissions as raised by the learned counsel for the applicants and contended that in the changed circumstances, wherein parties have entered into compromise, opposite party no.2 is no longer inclined to pursue the criminal proceedings against the accused (present applicants). Therefore, proceedings may be decided on the basis of the compromise.

5. In this conspectus, as above, both the parties are hereby directed to appear before the court concerned on 26/27.11.2024 for verification of their compromise along with the original copy of the compromise application. After receiving the said compromise, learned court concerned shall verify the same in presence of both the parties after recording their statements and submit compromise verification report before this Court within a period of one month from the date of appearance of the parties.

6. List this matter on 23.01.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial Court, if any.

7. Until further order(s) of this Court, further proceedings arising out of Case Crime No.433 of 2020 shall remain stayed."

4. In pursuance of the order dated 13.11.20254 both the parties have 3 NA528 No. 31963 of 2024 appeared before the trial court and the trial court vide order dated 05.02.2025 identified and verified the applicants and inforamnt as well as injured through their counsel and also compromise application. The verification report/order dated 05.02.2025 forwarded by Civil Judge (S.D.) / ACJM Court Sambhal at Chandausi is available on record. 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 private and civil 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 entire criminal proceeding of Case No.1256 of 2024 4 NA528 No. 31963 of 2024 (State versus Shahrukh and others), pending before Civil Judge (S.D.) / ACJM Court Sambhal at Chandausi, arising out of Case Crime No.433 of 2020, under Sections 308, 323, 325, 504 IPC, Police Station Hayatnagar, District Sambhal at Chandausi and the charge sheet no.404 of 2020, dated

21.11.2020 as well as cognizance/summoning order dated 27.01.2021 , is hereby quashed.

10. This application under Section 528 B.N.S.S. is accordingly allowed. September 19, 2025 I.A.Siddiqui (Deepak Verma,J.) IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad

1. Heard learned counsel for the applicants; learned counsel for the opposite party no.2; learned A.G.A. for the State and perused the material available on record.

2. The present 528 B.N.S.S. application has been filed to quash the entire criminal proceeding of Case No.1256 of 2024 (State versus Shahrukh and others), pending before Civil Judge (S.D.) / ACJM Court Sambhal at Chandausi, arising out of Case Crime No.433 of 2020, under Sections 308, 323, 325, 504 IPC, Police Station Hayatnagar, District Sambhal at Chandausi and also to quash the charge sheet no.404 of 2020, dated

21.11.2020 as well as cognizance/summoning order dated 27.01.2021 in terms of compromise dated 20.08.2024.

3. Learned counsel for the applicants submitted that applicants and opposite party no.2 as well as injured have amicably settled their dispute out of the Court and entered into compromise. It is next submitted that injured were received grievous injury bu on persuasion of senior members of village compromised the matter and instant application filed for quashing the entire proceedings on the basis of compromise, pending against the applicants on the basis of compromise dated 20.08.2024. This Court vide order dated

13.11.2024, directed both the parties to appear before the trial court for verification of the compromise. The order dated 13.11.2024, passed by this Court is quoted below :- "1. Heard learned counsel for the applicants as well as learned AGA appearing for the State and learned counsel appearing for opposite party 2 NA528 No. 31963 of 2024 no.2.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 CrPC praying to quash the charge-sheet no.404/2020 dated 21.11.2020 as well as cognizance/summoning order dated

27.01.2021 and the entire proceeding of Case No.1256/2024 (State of UP v. Shahrukh and others) arising out of Case Crime No.433 of 2020, under Sections 308, 323, 325, 504 IPC, Police Station- Hayatnagar, District- Sambhal at Chandausi, pending in the court of learned Civil Judge (Sr. Div.)/ACJM Court, Sambhal at Chandausi in terms of compromise dated

20.08.2024.

3. It is submitted that during pendency of the criminal proceedings, both the parties have amicably settled their dispute out of the Court and inked compromise dated 20.08.2024 which has been notarised. Copy of the said compromise is annexed as Annexure-5 to this application. It is next submitted that in changed scenario, no dispute remains between the parties and they have buried the hatchet and, at present, there is no grudge against each other, therefore, to observe peace and tranquility between them, instant criminal proceedings may be decided on the basis of the compromise.

4. Learned counsel for the opposite party no.2 has nodded the submissions as raised by the learned counsel for the applicants and contended that in the changed circumstances, wherein parties have entered into compromise, opposite party no.2 is no longer inclined to pursue the criminal proceedings against the accused (present applicants). Therefore, proceedings may be decided on the basis of the compromise.

5. In this conspectus, as above, both the parties are hereby directed to appear before the court concerned on 26/27.11.2024 for verification of their compromise along with the original copy of the compromise application. After receiving the said compromise, learned court concerned shall verify the same in presence of both the parties after recording their statements and submit compromise verification report before this Court within a period of one month from the date of appearance of the parties.

6. List this matter on 23.01.2025 before appropriate Court along with the compromise verification report submitted/sent by the Trial Court, if any.

7. Until further order(s) of this Court, further proceedings arising out of Case Crime No.433 of 2020 shall remain stayed."

4. In pursuance of the order dated 13.11.20254 both the parties have 3 NA528 No. 31963 of 2024 appeared before the trial court and the trial court vide order dated 05.02.2025 identified and verified the applicants and inforamnt as well as injured through their counsel and also compromise application. The verification report/order dated 05.02.2025 forwarded by Civil Judge (S.D.) / ACJM Court Sambhal at Chandausi is available on record. 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 private and civil 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 entire criminal proceeding of Case No.1256 of 2024 4 NA528 No. 31963 of 2024 (State versus Shahrukh and others), pending before Civil Judge (S.D.) / ACJM Court Sambhal at Chandausi, arising out of Case Crime No.433 of 2020, under Sections 308, 323, 325, 504 IPC, Police Station Hayatnagar, District Sambhal at Chandausi and the charge sheet no.404 of 2020, dated

21.11.2020 as well as cognizance/summoning order dated 27.01.2021 , is hereby quashed.

10. This application under Section 528 B.N.S.S. is accordingly allowed. September 19, 2025 I.A.Siddiqui (Deepak Verma,J.) IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad