Yusuf and Another vs State of U.P. and Another

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 25021 of 2025

¶3

Yusuf And Another

¶4

.....Applicant(s)

¶5

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Chandra Prakash Pandey, Phool Chandra Saroj Counsel for Opposite Party(s) : Ashutosh Shankar Dwivedi, G.A.

¶6

Court No. - 83

¶7

HON'BLE RAJIV LOCHAN SHUKLA, J.

¶8

1. Heard Mr. Phool Chandra Saroj, Learned counsel for the applicants, Mr. Dharmendra Kumar Patel, Learned counsel for the opposite party No.2, Learned A.G.A. for the State and perused the material brought on the record.

¶9

2. Challenge in the present application under Section 528 B.N.S.S. is to the entire criminal proceeding of Complaint Case No.3033 of 2014, under Sections 354, 323, 504, 506 I.P.C., Police Station- Rakabganj, DistrictAgra ( Km. Roshani Vs. Yusuf and another ) according to compromise.

¶10

3. The facts for the adjudication of the present case are as follows:-

¶11

(i) The applicants and the opposite party No.2 are related to each other. The applicant No.2-Yunis is the husband of the deceased sister of the opposite party No.2 and due to matrimonial dispute, a First Information Report was lodged by the opposite party No.2, which was registered as F.I.R. No.31 of 2013, under Sections 354, 323, 504, 506 I.P.C., at Police Station- Nai Ki Mandi, District- Agra. The First Information Report resulted in filing of the final report and thereafter, summoning order dated 5.9.2016 was passed summoning the accused applicants for the offences under Sections 354, 323, 504, 506 I.P.C.

¶12

(ii) It further appears from the material on record that the complaint case reached its logical conclusion and the applicants were convicted by the

¶13

NA528 No. 25021 of 2025

¶14

2

¶15

judgment and order dated 1.6.2019 passed by the Learned Additional Chief Judicial Magistrate, Court No.12, Agra, whereby the applicants stood convicted for the offences under Sections 323 & 506 I.P.C.

¶16

(iii) An appeal being Criminal Appeal No.178 of 2019 ( Yusuf and Another Vs. Km Roshni and Another ) was also preferred by the applicants against their conviction, which was allowed vide order dated 27.4.2022 and the matter was remanded back to the trial Court for decision afresh after hearing the parties.

¶17

4. Mr. Phool Chandra Saroj, Learned counsel for the applicants submits that in the meantime, before final decision could be taken, the parties have arrived at a compromise and the compromise was duly filed before the learned trial Court. He further submits that this Court vide order dated 17.7.2025 directed the Court concerned to verify the compromise, which has duly been verified and the supplementary affidavit annexing the certified copy of the order-sheets and the application for compromise along with its verification has been filed today in the Court.

¶18

5. Mr. Dharmendra Kumar Patel, Learned counsel for the opposite party No.2 also endorses the said compromise by stating that the parties have amicably concluded their dispute and further continuation of the proceedings would result in abuse of the process of the law.

¶19

6. Learned A.G.A. for the State also endorses the stand taken by the Learned counsel for the opposite party No.2 and states that all the offences are compoundable except the Section 354 I.P.C. The compounding for the said offence is at the instance of the parties. Learned A.G.A. further submits that the parties being closely related, the matter being lawfully compounded with respect to offences under Sections 323, 504, 506 I.P.C., the continuation of the proceedings so far as the Section 354 I.P.C. is concerned, would amount to an abuses of the process of the law. He further supports his contentions by stating that earlier the conviction had been recorded only under Sections 323 & 506 I.P.C. and the applicants were not convicted for the offence under Section 354 I.P.C. In these circumstances, he submits that it would serve the ends of justice to quash the proceedings on the basis of the compromise entered into

¶20

NA528 No. 25021 of 2025

¶21

3

¶22

between the parties.

¶23

7. I have heard the Learned counsel for the parties and have considered the rival submissions raised at the bar.

¶24

8. This Court is not unmindful of the judgements of the Apex Court in the cases of:-

¶25

(i). Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶26

(ii). Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶27

(iii). Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

¶28

(iv). Narinder Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.

¶29

Wherein the Supreme 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 Hon'ble the Supreme Court in the aforesaid cases has been explained in detail.

¶30

9. Considering the facts and circumstances of the case as well as taking note of the fact that compromise has been duly verified and a report dated 20.9.2025 has been filed by the Learned Additional Chief Judicial Magistrate, Court No.1, Agra, from which it is clear that the parties have voluntarily entered into a compromise and no dispute remains pending between them. No undue influence or coercion has been found in the verification by the Learned Additional Chief Judicial Magistrate, Court No.1, Agra, the continuation of the proceedings, in my opinion, would not serve the ends of justice and would be an abuse of the process of law.

¶31

10. Accordingly, the entire proceedings pursuant to the Complaint Case No.3033 of 2014, under Sections 354, 323, 504, 506 I.P.C., Police Station- Rakabganj, District- Agra ( Km. Roshani Vs. Yusuf and another ) according to compromise, are hereby quashed .

¶32

NA528 No. 25021 of 2025

¶33

4

¶34

11. The instant application is, accordingly, allowed.

¶35

(Rajiv Lochan Shukla,J.)

¶36

October 28, 2025

¶37

Sachin