Israyeel and 2 Others Vs State of U.P. and 2 Others

The present 528 BNSS application has been filed to quash the charge-sheet dated 25.10.2011, cognizance order dated 06.02.2012 as well as entire proceedings of Session Trial No.1323 of 2012 (State vs. Salauddin and others) arising out of Case Crime No.49 of 2011, under Sections 307, 452, 504, 506, 34 I.P.C., Police Station Ratanpuri, District Muzaffarnagar, pending in the court of Session Judge, Court No.4, Muzafffar Nagar, on the basis of compromise.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants next submits that both the parties have lodged FIR against each other and received injuries. Injuries are said to be grievous in nature but in persuasion of senior members of the society, they have amicably settled the dispute and have compromised the matter. They filed present present application to quash the proceeding as parties have compromised the matter. This Court vide order dated 14.05.2025 directed the parties to appear before the court below for verification of compromise dated 03.04.2025 (Annexure 5 to the affidavit). The order dated 14.05.2025 is being quoted below:-

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"Vakalatnama filed today by Sri Mohd. Faisal Khan, Advocate on behalf of private opposite party no. 2 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 307, 452, 504, 506, 34 of I.P.C. on the basis of compromise dated 03.04.2025. Certified copy of compromise is annexure5 to the affidavit.

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NA528 No. 13722 of 2025

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It is further submitted that both the parties sustained injuries and the case against the opposite parties is pending under Sections 307, 452, 323, 324, 504, 506, 34 of IPC.

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Both the parties are directed to appear before the court concerned for verification of compromise within three weeks from today.

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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 proceedings of verification of compromise.

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Put up this case on 16.09.2025 as a fresh.

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Till the next date of listing, further proceedings of Session Trial No. 1323 of 2012 (State vs. Salauddin and others), arising out of Case Crime No. 49 of 2011, under Sections 307, 452, 504, 506, 34 IPC, P.s. Ratanpuri, District Muzaffar Nagar shall remain stayed against the applicants."

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Pursuant to the said order dated 14.05.2025, parties appeared before the court below and on 04.06.2025 trial court verified and identified the parties through their counsels. A copy of the same is filed as Annexure SA-1 to the supplementary affidavit.

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Learned counsel for the applicants has submitted that the applicants, opposite party nos.2 & 3 and injured have settled their private and civil dispute through compromise and as such opposite party nos.2 & 3 do not wish to press the aforesaid case against the applicants. Opposite party nos.2 & 3 are 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.

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In view of the facts and circumstances of the case, the applicants and opposite party nos.2 & 3 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 , the proceeding of Session Trial No.1323 of 2012 (State vs. Salauddin and others) arising out of Case Crime No.49 of 2011, under Sections 307, 452, 504, 506, 34 I.P.C., Police Station Ratanpuri, District

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NA528 No. 13722 of 2025

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Muzaffarnagar, pending in the court of Session Judge, Court No.4, Muzafffar Nagar, is hereby quashed.

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