Surya Bhan Giri and 6 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. - 51797 of 2025

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Surya Bhan Giri And 6 Others

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.....Applicant(s)

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Versus State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Haridwar Singh
Counsel for Opposite Party(s)	: G.A., Om Prakash Singh
Court No.- 79

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HON'BLE CHAWAN PRAKASH, J.

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Heard Sri Sunil Kumar Yadav, Advocate holding brief of Sri Haridwar Singh, learned counsel for the applicants, Sri Jyoti Kumar Singh, learned A.G.A. for the State as well as Sri Om Prakash Singh, learned counsel for the opposite party no. 2 and perused the record.

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The present application under Section 528 B.N.S.S. has been filed to quash the entire criminal proceeding of Criminal Case No. 4735 of 2018 (State Vs. Surya Bhan Giri and others) including charge sheet dated 27.07.2018 and cognizance order dated 02.11.2018 passed by the Additional Civil Judge, Court No. 14, Azamgarh, arising out of F.I.R. No. 0054 of 2018, under Sections 147, 323, 504, 506, 354B I.P.C., Police Station Tahbarpur, District Azamgarh, pending in the court of Additional Civil Judge, Court No. 14, Azamgarh on the basis of compromise dated 31.01.2023 as well as compromise verification order dated 13.11.2025.

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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. Applicants approached this Court by filing this application under 528 BNSS with prayer to quash the proceedings on terms of compromise entered between the parties and this Court vide order dated 09.04.2025 directed the parties to appear before the trial court for verification of the parties and compromise application. Trial court vide order dated 13.11.2025 verified the parties as well as compromise application. 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 their dispute through compromise 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

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NA528 No. 51797 of 2025

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2

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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 counsel for the opposite party no. 2 as well as 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 noncompoundable 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, entire criminal proceeding of Criminal Case No. 4735 of 2018 (State Vs. Surya Bhan Giri and others) including charge sheet dated 27.07.2018 and cognizance order dated 02.11.2018 passed by the Additional Civil Judge, Court No. 14, Azamgarh, arising out of F.I.R. No. 0054 of 2018, under Sections 147, 323, 504, 506, 354B I.P.C., Police Station Tahbarpur, District Azamgarh, pending in the court of Additional Civil Judge, Court No. 14, Azamgarh, are hereby quashed in terms of compromise dated 31.01.2023 as well as compromise verification order dated 13.11.2025.

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This application under Section 528 B.N.S.S. is accordingly allowed.

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April 27, 2026 Rmk.

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(Chawan Prakash,J.)

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Surya Bhan Giri and 6 Others v. State of U.P. and Another

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Surya Bhan Giri and 6 Others v. State of U.P. and Another

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