State of U.P. and Another v. Party

1. Heard learned counsel for the applicant; Sri Amit Kumar Yadav, 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 set aside the impugned charge sheet dated 11.09.2024 and cognizance order dated

23.10.2024, passed by CJM, Kanpur Nagar, under Sections 115, 352, 351(2), 351(3) BNS issued against the applicants as well as entire consequential proceedings arising out of Case Crime No.0472 of 2024, under Sections 115, 352, 351(2), 351(3) BNS, Police Station Chakeri, District Kanpur Nagar as well as quash the entire consequential proceedings of the aforementioned case pending in the Court of CJM, Kanpur Nagar.

3. Learned counsel for the applicants submitted that applicant and opposite party no.2 are husband and wife. Both have amicably settled their dispute out of the Court and entered into compromise. It is next submitted that on persuasion of senior members of both the family, 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 13.11.2024. This Court vide order dated 22.01.2025, directed both the parties to appear before the trial court for verification of the compromise. The order dated 22.01.2025, passed by this Court is quoted below :- "1. Heard learned counsel for the applicant, Sri Amit Kumar Yadav, learned counsel appearing for the opposite party no.2 and learned A.G.A. for the State-respondent. 2 NA528 No. 42546 of 2024

2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the charge sheet dated 11.09.2024 and cognizance order dated 23.10.2024 as well as entire proceedings of Case Crime No.0472 of 2024, under Sections 115, 352, 351(2), 351(3) B.N.S., Police Station Chakeri, District Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Kanpur Nagar.

3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

4. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicants. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed.

6. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

7. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 14/15.02.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed. 8. List this matter on 25.03.2025, along with compromise verification report submitted by the court concerned, if any.

9. Until further orders of this Court, further proceeding in the aforesaid criminal case shall remain stayed. "

4. In pursuance of the order dated 22.01.2025 both the parties have appeared before the trial court and the trial court vide order dated 19.02.2025 identified and verified the applicants and informant through their counsel and also compromise application. The verification report/order dated 3 NA528 No. 42546 of 2024

19.02.2025 forwarded by CJM Kanpur Nagar 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 charge sheet dated 11.09.2024 and cognizance order dated 23.10.2024, passed by CJM, Kanpur Nagar as well as entire consequential proceedings arising out of Case Crime No.0472 of 2024, under Sections 115, 352, 351(2), 351(3) BNS, Police Station Chakeri, District Kanpur Nagar, are hereby quashed. 4 NA528 No. 42546 of 2024

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 applicant; Sri Amit Kumar Yadav, 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 set aside the impugned charge sheet dated 11.09.2024 and cognizance order dated

23.10.2024, passed by CJM, Kanpur Nagar, under Sections 115, 352, 351(2), 351(3) BNS issued against the applicants as well as entire consequential proceedings arising out of Case Crime No.0472 of 2024, under Sections 115, 352, 351(2), 351(3) BNS, Police Station Chakeri, District Kanpur Nagar as well as quash the entire consequential proceedings of the aforementioned case pending in the Court of CJM, Kanpur Nagar.

3. Learned counsel for the applicants submitted that applicant and opposite party no.2 are husband and wife. Both have amicably settled their dispute out of the Court and entered into compromise. It is next submitted that on persuasion of senior members of both the family, 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 13.11.2024. This Court vide order dated 22.01.2025, directed both the parties to appear before the trial court for verification of the compromise. The order dated 22.01.2025, passed by this Court is quoted below :- "1. Heard learned counsel for the applicant, Sri Amit Kumar Yadav, learned counsel appearing for the opposite party no.2 and learned A.G.A. for the State-respondent. 2 NA528 No. 42546 of 2024

2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the charge sheet dated 11.09.2024 and cognizance order dated 23.10.2024 as well as entire proceedings of Case Crime No.0472 of 2024, under Sections 115, 352, 351(2), 351(3) B.N.S., Police Station Chakeri, District Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Kanpur Nagar.

3. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

4. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicants. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed.

6. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

7. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 14/15.02.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed. 8. List this matter on 25.03.2025, along with compromise verification report submitted by the court concerned, if any.

9. Until further orders of this Court, further proceeding in the aforesaid criminal case shall remain stayed. "

4. In pursuance of the order dated 22.01.2025 both the parties have appeared before the trial court and the trial court vide order dated 19.02.2025 identified and verified the applicants and informant through their counsel and also compromise application. The verification report/order dated 3 NA528 No. 42546 of 2024

19.02.2025 forwarded by CJM Kanpur Nagar 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 charge sheet dated 11.09.2024 and cognizance order dated 23.10.2024, passed by CJM, Kanpur Nagar as well as entire consequential proceedings arising out of Case Crime No.0472 of 2024, under Sections 115, 352, 351(2), 351(3) BNS, Police Station Chakeri, District Kanpur Nagar, are hereby quashed. 4 NA528 No. 42546 of 2024

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