Bharat Singh Alias Bhagat Singh and 4 Others vs State of U.P. and Another

Heard Sri Ritesh Kumar Singh, learned counsel for the applicants, Sri Neeraj Kumar Pandey, learned counsel for the opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State.

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The instant application under Section 528 B.N.S.S. has been filed seeking quashing of the entire proceedings, charge-sheet dated 24.04.2022 as well as impugned cognizance order dated 06.07.2022 passed in Case No. 1331 of 2022 (State vs. Bharat Singh @ Bhagat Singh and Others) arising out of Case Crime No. 69 of 2021 under Sections 498-A, 323, 504, 506, 354 I.P.C. & Section 3/4 of D.P. Act, Police Station- Phase-III, District- Gautam Buddha Nagar, pending in the court of Civil Judge, Senior Division/Fast Track Court, Gautam Buddha Nagar.

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Learned counsel of the applicants submits that initially due to some matrimonial discord between the daughter of opposite party no. 2 and applicant no.1 herein, the present case has been lodged. During pendency of the said case, the parties have settled their disputes amicably and a compromise dated 21.02.2024 has been executed between the parties. According to which, the parties have settled their dispute pending against each other. They have also filed an application u/s 13-B of the Hindu Marriage Act and they also decide not to prosecute against the applicant. Vide order dated 21.07.2025, this Court directed the parties to appear before the trial court concerned for verification of the compromise executed

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NA528 No. 25473 of 2025

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between them. In terms of the said order, the parties have appeared before the trial court for verification of compromise on 02.08.2025. In presence of both the parties, the trial court has verified the said compromise. A report alongwith copy of compromise dated 25.08.2025 received from the learned Additional Chief Judicial Magistrate, 1st, Gautambuddha Nagar. In presence of the parties, the compromise arrived at between the parties was duly verified. In view of the aforesaid settlement of matrimonial disputes, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case against the applicants herein.

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Learned counsel for opposite party no. 2 admits the aforesaid facts regarding execution of compromise and its verification as well. He also supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties.

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Ms. Harshita Rani, learned AGA, looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.

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Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. The applicant no.1 and daughter of opposite party no. 2 are the husband and wife respectively. There was a matrimonial dispute between them due to which the opposite party no. 2 had lodged the F.I.R. being Case Crime No. 69 of 2021 under Sections 498-A, 323, 504, 506, 354 I.P.C. & Section 3/4 of D.P. Act. During the pendency of the aforesaid case, the parties have settled their disputes amicably and a compromise dated 21.02.2024 was executed between the parties. They have also filed application under Section 13-B of the Hindu Marriage Act and they also decide not to prosecute the instant case against the applicants.

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Vide order dated 25.08.2025 received from the learned Additional Chief Judicial Magistrate, 1st, Gautambuddha Nagar, has verified the compromise in presence of the parties. In view of the facts and circumstances, since it was a matrimonial dispute between the applicant no.1 and the opposite party no.2, which has been amicably settled and no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein

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NA528 No. 25473 of 2025

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and due to the aforesaid compromise there are very remote and bleak chances of the conviction of the applicants. Further, with the aforesaid settlement of matrimonial dispute, peace will prevail not only in the families of the parties but in society at large.

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Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67 , the instant application is allowed and entire proceedings, charge-sheet dated 24.04.2022 as well as impugned cognizance order dated 06.07.2022 passed in Case No. 1331 of 2022 (State vs. Bharat Singh @ Bhagat Singh and Others) arising out of Case Crime No. 69 of 2021 under Sections 498-A, 323, 504, 506, 354 I.P.C. & Section 3/4 of D.P. Act, Police Station- Phase-III, District- Gautam Buddha Nagar, pending in the court of Civil Judge, Senior Division/Fast Track Court, Gautam Buddha Nagar, are hereby quashed.

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(Anish Kumar Gupta,J.)

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October 28, 2025 Vibha Singh

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Bharat Singh Alias Bhagat Singh and 4 Others v. State of U.P. and Another

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