Kamlesh and 5 Others Vs State of U.P. and Another

The present application under Section 528 B.N.S.S. has been filed to quash the charge sheet no.377 of 2024, dated 05.09.2024 and cognizance order dated 17.01.2025 as well as entire proceeding of Case No.522 of 2024, (State versus Kamlesh and others), Case Crime No.483 of 2024, under Sections 191(2), 115(2), 352, 351(2), 332(C), 324(2), 110 BNS, Police Station Chhibramau, District Kannauj on the basis of compromise.

Learned counsel for the applicants submitted that both the parties have compromise the matter and opposite party no.2-informant and other injured persons do not want to proceed the case any further. The present application has been filed to quash the criminal proceedings pending against the applicants on the basis of compromise. This Court vide order dated 27.02.2025, directed both the parties to appear before the court concerned within six weeks from today for verification of the compromise. In pursuance of this Court order dated 27.02.2025, the parties have appeared before the trial court on 26.03.2025 for verification of the compromise and the trial court verified the informant, injured and the applicants accused persons. The verification report has filed through supplementary affidavit by counsel for the applicants. Learned counsel for the applicants next submits that parties have compromised the matter and all the parties are verified by the trial court through their counsel and informant does not want to proceed the matter against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful

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purpose would be served if the prosecution is allowed to go on.

Learned AGA does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents by which both the parties have settled their dispute out of the court, hence, no reason to proceed further.

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.

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.

Accordingly, the entire proceeding of Case No.522 of 2024, (State versus Kamlesh and others), Case Crime No.483 of 2024, under Sections 191(2), 115(2), 352, 351(2), 332(C), 324(2), 110 BNS, Police Station Chhibramau, District Kannauj and charge sheet no.377 of 2024, dated 05.09.2024 as well as cognizance order dated 17.01.2025, are hereby quashed.

This application under Section 482 Cr.P.C./528 B.N.S.S. is accordingly allowed .

September 9, 2025 I.A.Siddiqui

(Deepak Verma,J.)

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Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad

Kamlesh and 5 Others v. State of U.P. and Another