Suresh and 5 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:122239

Court No. - 78

Case :- APPLICATION U/S 528 BNSS No. - 14521 of 2025 Applicant :- Suresh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- Quasim Khan,G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Mohd. Yasir, Advocate, holding brief of Sri Shams Uz Zaman, learned counsel for the applicants, Sri Quasim Khan, learned counsel for opposite party no.2 and Sri Satyendra Nath Tiwari, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the entire criminal proceedings Case Crime No.264 of 2024, under section 191(2), 191(3), 332, 115(2), 352, 131, 351(2), BNS, Police Station Singhawali Ahir, District Baghpat, pending in the court of Chief Judicial Magistrate, Baghpat.

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Learned counsel for the applicants submits that after registration of the FIR the investigation was conducted and charge sheet was filed against the applicants herein. Learned counsel for the applicants submits that subsequently the parties have settled their dispute amicably and a compromise dated 28.02.2025 was executed between the parties and the opposite party no.2 do not wish to prosecute the instant case against the applicants herein. On the basis of the said compromise executed between the parties learned counsel for the applicants has filed the instant application for quashing of the entire proceeding of the instant case.

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The co-ordinate Bench of this Court vide order dated 06.05.2025 has directed the parties to appear before the trial court for verification of the compromise. A report dated 31.05.2025 has been received from the trial court concerned and according to which the trial court has verified the compromise executed between the parties vide order dated 29.05.2025 in the presence of both the parties. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case on the basis of the compromise executed between the parties which has been duly verified by the trial court concerned.

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Learned counsel for the opposite party no.2 do not dispute the aforesaid facts and supports the prayer for quashing made by learned counsel for the applicants seeking quashing of the entire proceeding of the instant case against the applicants herein.

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In view of the aforesaid compromise and looking to the nature of the incident and the settlement of dispute between the parties learned AGA for the State also do not opposed the prayer for quashing of the entire proceeding of the instant case on the basis of compromise arrived at between the parties in the instant case.

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Having heard the submissions so made by learned counsel for the parties and from the perusal of the record it is apparent that instant case is arising out of a minor dispute between the parties and subsequently during the pendency of the instant case the parties have settled their dispute amicably and a compromise was executed between the parties which has been duly verified by the trial court concerned vide order dated 29.05.2025, in compliance of the earlier order dated 06.05.2025 passed by the co-ordinate Bench of this Court. The aforesaid settlement executed between the parties will be no larger impact in the society and no fruitful purpose would be served by keeping the aforesaid criminal proceeding pending against the applicants herein.

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In view of the aforesaid facts and in the light of the judgments of the Apex Court in Narinder Singh & Ors. vs. State of Punjab, (2014) 6 SCC 466 : Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another , (2017) 9 SCC 641 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, the instant application deserves to be allowed.

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The instant application is accordingly allowed and the proceedings of Case Crime No.264 of 2024, under section 191(2), 191(3), 332, 115(2), 352, 131, 351(2), BNS, Police Station Singhawali Ahir, District Baghpat, pending in the court of Chief Judicial Magistrate, Baghpat, are hereby quashed.

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Order Date :- 24.7.2025 VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad

Suresh and 5 Others v. State of U.P. and Another

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