Crl. Case No. 337 of 2022 · Allahabad High Court

#1. Heard Sri Yogesh Tiwari, learned counsel for the applicants and learned A.G.A. for the State.

#2. The present 528 BNSS application has been filed to quash the entire proceeding of Crl. Case No.337 of 2022 (State vs. Vinay and others) arising out of Case Crime No.0451 of 2019 under Sections 323, 504 506 I.P.C., Police Station Badlapur, District Jaunpur pending in the court of Additional Chief Judicial Magistrate 4th, Jaunpur and also to quash the charge sheet dated 19.1.2019.

#3. Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 528 BNSS application with prayer to quash the proceedings on terms of compromise entered between the parties, this Court vide order dated 4.2.2026 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 25.3.2026 verified the parties as well as compromise application. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant and opposite party no.2 have settled through compromise their dispute and as such opposite party no.2 does 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 2 NA528 No. 39045 of 2025 prosecution is allowed to go on.

#4. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

#5. 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.

#6. 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.

#7. Accordingly, the proceedings of Crl. Case No.337 of 2022 (State vs. Vinay and others) arising out of Case Crime No.0451 of 2019 under Sections 323, 504 506 I.P.C., Police Station Badlapur, District Jaunpur pending in the court of Additional Chief Judicial Magistrate 4th, Jaunpur and also to quash the charge sheet dated 19.1.2019 is hereby quashed.

#8. This application under Section 528 B.N.S.S. is accordingly allowed. April 20, 2026 Md Faisal (Chawan Prakash,J.) MOHD FAISAL MOHD FAISAL High Court of Judicature at Allahabad High Court of Judicature at Allahabad