Rajeev @ Raju Yadav and 2 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:139838

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 10929 of 2025

Applicant :- Rajeev @ Raju Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheikh Obaidullah Counsel for Opposite Party :- Jeetendra Kesharwani,G.A.

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Hon'ble Deepak Verma,J.

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

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The present 528 BNSS application has been filed to quash the charge-sheet No.114/2023 dated 21.04.2023, cognizance order dated 28.06.2023 as well as entire proceedings of Case No.4599 of 2023 (State vs. Harikesh Yadav & others) arising out of Case Crime No.0129 of 2023, under Sections 504, 506, 452 I.P.C., Police Station Sidhari, District Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh, in terms of compromise dated 29.11.2023.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Instant application has filed to quash the proceeding as parties have settled the dispute out of court in terms of compromise dated 29.11.2023. It is next submitted that the applicants filed 482 application 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 11.04.2025 directed the parties to appear before the court below for verification of compromise dated 29.11.2023 (Annexure 4 to the affidavit) within six weeks. The order dated 11.04.2025 is being quoted below:-

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Sri Jitendra Kesharwani, Advocate has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record.

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Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 504, 506, 452 of I.P.C. on the basis of compromise dated 29.11.2023. A certified copy of the compromise is on record which is annexed as Annexure No. 4 of the affidavit.

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Both the parties are directed to appear before the court concerned within six weeks from today for verification and the court concerned is directed to verify the same.

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Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise. Put up this case as fresh on 18.08.2025.

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Till the next date of listing proceedings of Case No. 4599 of 2023 (State Vs. Harikesh Yadav and others), arising out of Case Crime No. 129 of 2023, under

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Sections 504, 506, 452 of I.P.C., Police Station- Sidhari, District Azamgarh, pending in the Court of Chief Judicial Magistrate, Azamgarh shall remain stayed against the applicants.

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4.Pursuant to the said order dated 11.04.2025, 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 28.05.2025 has passed the verification order. A copy of the same is annexed with the Annexure SA1 to the supplementary affidavit.

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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.

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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.

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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, Case No.4599 of 2023 (State vs. Harikesh Yadav & others) arising out of Case Crime No.0129 of 2023, under Sections 504, 506, 452 I.P.C., Police Station Sidhari, District Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh, is hereby quashed.

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The application under Section 482 Cr.P.C is accordingly allowed.

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Order Date :- 18.8.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Rajeev @ Raju Yadav and 2 Others v. State of U.P. and Another

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Rajeev @ Raju Yadav and 2 Others v. State of U.P. and Another

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