Smt. Ishrat Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Smt. Ishrat Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; the entire proceeding, charge sheet dated 29.01.2019 and N.B.W. order dated 03.08.2024 in Case No. 10601 of 2022 were quashed.

Issue for consideration

Whether the charge sheet dated 29.01.2019 and the N.B.W. dated 03.08.2024 in Case No. 10601 of 2022 (State of U.P. vs. Khushhal and others), arising out of Case Crime No. 1647 of 2018 under Sections 323, 504, 506, 308 I.P.C., P.S. Lisarigate, District Meerut, could be quashed on the basis of the settlement/compromise arrived at between the parties and verified by the court concerned.

Court's answer

On perusal of the records and the law laid down by the Apex Court on quashing of cases upon settlement between the parties, the present case was held to be a fit case for exercising the Court's powers to quash the proceedings, charge sheet and N.B.W. order as prayed for by the applicants.

Ratio / Principle

The present application was allowed and the entire proceeding, charge sheet as well as the N.B.W. order in the aforesaid case were quashed.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Court No. 82; Tej Pratap Tiwari, J.; decided October 10, 2025): Application U/S 528 BNSS No. 5083 of 2025, filed by Smt. Ishrat (instituted under Section 482 Cr.P.C.) for quashing of the charge sheet dated 29.01.2019 and N.B.W. dated 03.08.2024 in Case No. 10601 of 2022 (State of U.P. vs. Khushhal and others), arising out of Case Crime No. 1647 of 2018 under Sections 323, 504, 506, 308 I.P.C., Police Station Lisarigate, District Meerut, pending in the Court of the Special Chief Judicial Magistrate, Meerut. A coordinate Bench of this Court, by order dated 05.08.2025, had directed the applicants to file the compromise deed before the court concerned, and by order dated 18.09.2025 the court concerned verified the compromise, a fact not disputed by learned counsel for opposite party no. 2. Relying on the settled Supreme Court line of authority — B.S. Joshi (2003) 4 SCC 675; Nikhil Merchant (2008) 9 SCC 677; Manoj Sharma (2008) 16 SCC 1; Gian Singh (2012) 10 SCC 303; Shaifullah 2013 (83) ACC 278; Parbatbhai Ahir (2017) 9 SCC 64 — to the effect that cases in which the parties have settled their grievances can be quashed, the Court held the present case fit for exercise of its quashing powers and allowed the application, quashing the entire proceeding, charge sheet and N.B.W. order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 5083 of 2025

Smt. Ishrat

.....Applicant(s)

Versus

State Of U.P. And 2 Others		..	...Opposite Party(s)
Counsel for Applicant(s)	: Mukesh Chandra Prakash Gupta	Gupta,	Shubham
Counsel for Opposite Party(s)	: Mohd. Shahibe Alam,	G.A.

Court No. - 82

HON'BLE TEJ PRATAP TIWARI, J.

Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned counsel for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge sheet dated 29.01.2019 as well as N.B.W. dated 03.08.2024 in Case No. 10601 of 2022 (State of U.P. vs. Khushhal and others) arising out of Case Crime No. 1647 of 2018, under Sections 323, 504, 506, 308 I.P.C., Police Station Lisarigate, District Meerut, pending int he Court of Special Chief Judicial Magistrate, Meerut.

Learned counsel for the applicant states that an order was passed by a coordinate Bench of this Court vide order dated 05.08.2025 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 18.09.2025 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2.

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6)

NA528 No. 5083 of 2025

2

Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 64 1 has held that the cases in which the parties have settled their grievances can be quashed.

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as N.B.W order as prayed for by the applicants.

The present application is allowed .

The entire proceeding, charge sheet as well as N.B.W order of the aforesaid case are hereby quashed.

October 10, 2025 Manoj

(Tej Pratap Tiwari,J.)

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad