Salman and Another Vs State of U.P. and 2 Others

Heard Shri S.K. Singh holding brief of Shri B.N. Singh, learned counsel for the applicants, Shri Prabhakar Singh, learned counsel for the opposite parties no. 2 and 3 and Shri Markandey Rai, learned A.G.A. for the State.

The instant application under section 528 BNSS has been filed seeking quashing the entire proceedings of Criminal Case No. 183 of 2024 (State of U.P. Vs. Salman and others) in Case Crime No. 169 of 2023 under sections 308, 452, 323, 504, 506 IPC police station Jalaun District Jalaun pending in the court of Judicial Magistrate, Jalaun at Orai on the basis of compromise executed between the applicants and the opposite parties no. 2 and 3 on 17.1.2025.

Learned counsel for the applicants submitted that the applicants and the opposite parties no. 2 and 3 belong to same family and also neighbor and due to some misunderstanding the incident in question was allegedly caused by the applicants in which the opposite party no. 3 Smt. Haseena has sustained some injuries. Subsequent thereto the charge sheet was filed against the applicants herein and the case proceeded against them. However, during the pendency of the case before the trial court the parties have settled their dispute amicably and a compromise dated 17.1.2025 has also been executed between the parties. The opposite parties no. 2 and 3 do no want to prosecute the instant case against the applicants herein on the basis of the compromise dated 17.1.2025. Vide order dated 13.5.2025 of this Court the parties were directed to appear before the trial court for verification of the compromise arrived at between them. As per the report dated 15.9.2025 received from the Judicial Magistrate, the said compromise dated 17.1.2025 has been duly verified by the trial court. Copies of the order dated 15.9.2025 verifying the compromise as well as the compromise dated 17.1.2025 have also been submitted. In view of the aforesaid facts and circumstances learned counsel for the applicant seeks quashing of the entire proceedings of the

NA528 No. 4999 of 2025

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instant case in view of the aforesaid compromise which has been duly verified by the trial court.

Learned counsel for the opposite parties no. 2 and 3 does not dispute the aforesaid facts and admits the compromise arrived at between the parties as well as its verification by the concerned trial court and supports the prayer for quashing of the entire proceedings of the instant case against the applicants herein.

In view of the aforesaid facts and circumstances learned A.G.A. does not oppose the prayer for quashing of the entire proceedings against the applicants in view of the compromise dated 17.1.2025 entered into between the parties.

Having heard the submissions advanced by the learned counsel for the respective parties this court has carefully gone through the records of the case. From perusal of the record it is apparent that the FIR was lodged by the opposite party no. 2 alleging an incident dated 15.5.2023 wherein it is alleged that the applicants herein has assaulted the opposite party no. 3. The parties have already settled their dispute amicably and a compromise dated 17.1.2025 has been executed between them, which has also been duly verified by the concerned trial court pursuant to the order of this Court. Thus since the opposite parties no. 2 and 3 do not wish to prosecute the applicants herein in view of the compromise arrived at between the parties, therefore, fruitful purpose would be served by keeping the instant case pending inasmuch as in view of the compromise between the parties there is remote and very weak chance of the applicants being convicted in the instant cases. Otherwise also perusal of the FIR shows that the dispute between the parties was of a private nature and they have already settled their dispute by way of a compromise dated 17.1.2025.

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.

In view thereof, the instant application is accordingly allowed and the entire proceedings of Criminal Case No. 183 of 2024 (State of U.P. Vs. Salman and others) in Case Crime No. 169 of 2023 under sections 308, 452, 323, 504, 506 IPC police station Jalaun District Jalaun pending in the court of Judicial Magistrate, Jalaun at Orai are hereby quashed.

October 6, 2025 o.k.

(Anish Kumar Gupta,J.)

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

Salman and Another v. State of U.P. and 2 Others