Safi Jaan and 3 Others Vs State of U.P. and 3 Others

Heard Shri Devesh Kumar, learned counsel for the applicant, Shri Sunil Kumar Singh, learned counsel for the opposite party no. 2 and Shri V.P. Sahu, learned A.G.A. for the State.

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The instant application under section 528 BNSS has been filed seeking quashing of the Charge Sheet No. 8 of 2023 dated 18.2.2023 submitted in Case Crime No. 6 of 2023 under sections 323, 504, 308, 34 IPC police station Sonakpur District Moradabad as well as the cognizance order dated 30.6.2023 passed by Addl. Chief Judicial Magistrate, Court No. 1 Moradabad on the basis of compromise.

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Learned counsel for the applicants submits that in the instant case the applicants and the opposite party no. 2 to 4 are neighbor and there was some dispute with regard to electricity and water due to which the instant proceedings have been instituted against the applicant herein in which some injuries were sustained by the opposite parties no. 2,3 and 4. All injuries sustained by the victims are simple in nature and a cross case was also lodged. In both the cases charges have been framed. It is further submitted by the learned counsel for the applicants that during the pendency of the aforesaid cases, the parties have settled their dispute and a compromise dated 6.1.2025 has also been executed between them. Learned counsel for the applicants submits that earlier also an application under Section 528 BNSS No. 4741 of 2025 (Safi Jaan and 3 others vs. State of U.P. another) was filed by the applicants herein, which was disposed of vide order dated 25.2.2025 directing the parties to appear before the trial court for verification

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NA528 No. 35090 of 2025

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2

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of the compromise. Thereupon the parties have appeared before the trial court and the trial court has verified the compromise dated 6.1.2025 vide order dated 22.4.2025. The certified copies of the said compromise dated 6.1.2025 as well as the order verifying the said compromise has been filed as Annexure-11 to the affidavit filed in support of this application. Thus in the light of the compromise dated 6.1.2025, learned counsel for the applicants seeks quashing of the entire proceedings of the aforesaid case.

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Learned counsel for the opposite party no. 2 does not dispute the aforesaid compromise and supports the prayer for quashing of the entire proceedings, in view of the verification of the compromise by the trial court.

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Learned A.G.A. also does not dispute the prayer for quashing of the entire proceedings of the aforesaid case.

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Having heard the submissions of the learned counsel for the parties this court has carefully gone through the entire record of the case. From the record of the case it is apparent that there was a trivial dispute between the parties with regard to electricity and water. The applicants and the opposite parties no. 2,3 and 4 are the neighbors and they have settled their dispute amicably which has also been verified by the trial court in pursuance of the order of this court.

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In view of the aforesaid facts and circumstances 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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In view thereof, the instant application is accordingly allowed and the proceedings of Session Trial No. 1533 of 2023 (State of U.P. V. Shafi Jaan and others) pending before the court of Additional sessions Judge, Court No. 9 Moradabad arising out of Case Crime No. 6 of 2023 under sections 323, 504, 308 and 34 IPC police station Sonakpur District Moradabad as well as the charge sheet no 8 of 2023 dated 18.2.2023 are hereby quashed.

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September 12, 2025 o.k.

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(Anish Kumar Gupta,J.)

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Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad

Safi Jaan and 3 Others v. State of U.P. and 3 Others

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