Akash Bhati and 4 Others vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 33814 of 2025

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Akash Bhati And 4 Others

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar Dubey Counsel for Opposite Party(s) : G.A. Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 528 BNSS application has been filed to quash the entire proceeding including charge sheet dated 09.08.2024 and the learned court below has taken cognizance on dated 21.08.2024 in Case no. 5409 of 2024 (State Versus Akash Bhati and others) registered with case crime no. 308 of 2024, under sections 352, 351(2), 191(2) B.N.S., Police Station Beta-2, District Gautam Buddha Nagar, pending in the court of Learned Additional Chief Judicial Magistrate-I (ACJM-I), Gautam Buddha Nagar, on the basis of compromise dated 18.07.2025

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Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 528 BNSS application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 08.09.2025, passed following order:

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"1. Heard Shri Anmol, holding brief of Shri Santosh Kumar Dubey, learned counsel for the applicants and learned Additional Government Advocate for the State-opposite party No.1.

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The present application under Section 528 BNSS has been filed by the applicants for quashing the charge sheet dated 09.08.2024, cognizance order dated 21.08.2024 as well as entire proceedings of Case No. 5409 of 2024 (State vs. Akash Bhati and others) arising out of Case Crime No. 308 of 2024, under Sections 352, 351(2), 191(2) BNS, Police Station Beta-2, District Gautam Budh Nagar pending in the court of Additional Chief Judicial Magistrate-I, Gautam Budh Nagar on the basis of compromise.

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Learned counsel for the applicants submits that the applicants and opposite party No. 2 have amicably settled their dispute and written compromise dated 18.07.2025 has been executed on a notorized document and original thereof has been filed before the court concerned and reference of the said compromise has been noted in the order dated 18.07.2025. It is, therefore, prayed that continuance of proceedings of criminal case amounts to an abuse of process of law, inasmuch as the informant has expressed his intention not to proceed with the case against the applicants based on the compromise.

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Matter requires consideration.

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Issue notice to opposite party No. 2.

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As soon as copy of this order is filed before the court concerned, the learned Magistrate shall call upon the parties to the compromise, which forms part of the record and after due verification of the compromise in accordance with law, the same shall be sent to this Court along with report of learned Magistrate within

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NA528 No. 33814 of 2025

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2

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next one month.

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Put up this case as fresh before appropriate Bench on 03.11.2025.

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Till the next date of listing, further proceedings of aforesaid case against the applicants shall remain stayed. "

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In pursuance of Hon'ble Court's order dated 08.09.2025, parties appeared before trial court and trial court vide order dated 25.09.2025 identified and verified the parties through their counsel as well as compromise application and the same has been sent through letter dated 25.09.2025, the same is available on record. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is 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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Learned AGA submitted that both the parties have settled their dispute out of the Court, hence, no reason to proceed further.

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The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex 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 the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

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Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

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Accordingly, the impugned cognizance on dated 21.08.2024 passed in Case no. 5409 of 2024, registered with case crime no. 308 of 2024, under sections 352, 351(2), 191(2) B.N.S., Police Station Beta-2, District Gautam Buddha Nagar, pending in the court of Learned Additional Chief Judicial Magistrate-I (ACJM-I), Gautam Buddha Nagar, is hereby quashed .

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This application under Section 528 BNSS is accordingly allowed .

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(Deepak Verma,J.)

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November 17, 2025 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Akash Bhati and 4 Others v. State of U.P. and Another

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Akash Bhati and 4 Others v. State of U.P. and Another

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