Mohd Rizwan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mohd Rizwan Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 20.05.2015, the summoning order dated 14.07.2015 and the entire proceedings of Case No.1325 of 2015 (State Vs. Rizwan), arising out of Case Crime No.164 of 2014, under Sections 419, 420, 465, 467, 468, 471, 120B IPC, pending before the Judicial Magistrate, Chakiya, Chandauli.

Issue for consideration

Whether the charge sheet dated 20.05.2015, the summoning order dated 14.07.2015 and the entire proceedings of Case No.1325 of 2015 (State Vs. Rizwan), arising out of Case Crime No.164 of 2014, ought to be quashed in view of the amicable out-of-court settlement/compromise between the applicant and opposite party no.2.

Court's answer

Considering the facts and circumstances, the compromise between the parties and the submissions of learned counsel, this Court was of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

Ratio / Principle

The impugned charge sheet dated 20.05.2015 and summoning order dated 14.07.2015, as well as the entire proceedings of Case No.1325 of 2015 (State Vs. Rizwan), arising out of Case Crime No.164 of 2014, under Sections 419, 420, 465, 467, 468, 471, 120B IPC, pending before the Judicial Magistrate, Chakiya, Chandauli, are quashed.

Key takeaways

The application under Section 528 B.N.S.S. is accordingly allowed.ratio¶17

Detailed headnote1 paragraphs

Criminal quashing — Application u/s 528 BNSS allowed — Charge sheet dated 20.05.2015 and summoning order dated 14.07.2015 in Case No.1325 of 2015 (State v. Rizwan), arising out of Case Crime No.164 of 2014, under Sections 419, 420, 465, 467, 468, 471, 120B IPC, P.S. Chakiya, District Chandauli, quashed — Applicant and opposite party no.2 had amicably settled their private/civil dispute out of court; compromise verified by trial court vide order dated 27.05.2024 pursuant to direction dated 02.05.2024 passed in earlier application No.7467 of 2024 — Reliance placed on Apex Court decisions holding that compromise can be made even in respect of certain cognizable and non-compoundable offences (Narindra Singh, (2014) 6 SCC 466; Parbatbhai Aahir, (2017) 9 SCC 641; Gian Singh, (2012) 10 SCC 303; State of M.P. v. Laxmi Narayanan, (2019) 5 SCC 688); Shaifullah, 2013 (83) ACC 278, referred — No useful purpose in prolonging the prosecution.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 10360 of 2025

Mohd Rizwan

	Versus	....	.Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	Kamlesh Kumar	Singh
Counsel for Opposite Party(s)	:	G.A.

Court No. - 72

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 528 B.N.S.S. application has been filed to quash the charge sheet dated 20.05.2015 and summoning order dated 14.07.2015 as well as entire proceedings of Case No.1325 of 2015 (State Vs. Rizwan), arising out of Case Crime No.164 of 2014, under Sections 419, 420, 465, 467, 468, 471, 120B IPC, Police Station Chakiya, District Chandauli, pending in the court of Judicial Magistrate, Chakiya, Chandauli.

Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application No.7467 of 2024 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 02.05.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 27.05.2024 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 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

NA528 No. 10360 of 2025

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prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

Learned A.G.A. for the State submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

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.

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.

Accordingly, the impugned charge sheet dated 20.05.2015 and summoning order dated 14.07.2015 as well as entire proceedings of Case No.1325 of 2015 (State Vs. Rizwan), arising out of Case Crime No.164 of 2014, under Sections 419, 420, 465, 467, 468, 471, 120B IPC, Police Station Chakiya, District Chandauli, pending in the court of Judicial Magistrate, Chakiya, Chandauli are hereby quashed.

This application under Section 528 B.N.S.S. is accordingly allowed .

(Deepak Verma,J.)

September 17, 2025 Mini

Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad