SANJEEV KUMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD
             APPLICATION U/S 528 BNSS No. - 31138 of 2026

Sanjeev Kumar And Another
                                                            .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Mohd. Akbar Shah Alam Khan
Counsel for Opposite Party(s) : G.A.

Court No. - 81
                   HON'BLE MADAN PAL SINGH, J.

1. Heard learned counsel for the applicants, and the learned Additional
Government Advocate for the State as well as perused the entire material
available on record.

2. This application under Section 528 B.N.S.S. has been filed with the prayer
to quash the charge-sheet dated 1st October, 2023, cognizance/summoning
order dated 1st January, 2024 as well as the entire proceedings of Criminal
Case No. 3403/9 of 2024 (State Vs. Sushil & Others), arising out of Case
Crime No. 444 of 2023, under Sections 147, 148, 323, 504, 506 and 336
I.P.C., and also under Section 7 of the Criminal Law Amendment Act, Police
Station-Kandhla, District-Shamli, pending in the Court of Judicial Magistrate,
Shamli, on the basis of compromised so arrived at between the parties.

3. During the pendency of the present criminal proceedings, both the parties
have entered into compromise and the same has also been verified by the trial
court vide order dated 14th August, 2024, copies of the compromise and the
verification order have been brought on record at page nos. 76 onwards of the
paper book of the present application.

4. It is also pertinent to mention here that on the basis of compromise, the
criminal proceedings initiated against co -accused Aman and Shivam has also
been quashed by a Coordinated Bench of this Court vide order dated 18th
March, 2025 passed in Application U/S 482 No. 17640 of 2024 (Aman &
Another Vs. State of U.p. & Another).
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5. Learned counsel for the applicants submits that since the compromised so
arrived at between the parties and the same has also been verified by the
court below, the entire proceedings of the aforesaid criminal case be may be
quashed by this Court.

6. Learned A.G.A. for the State has no objection, if the proceedings in the
aforesaid case are quashed.

7. This Court is not unmindful of the following judgements of the Apex Court:

(i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC
675,

(ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC
677,

(iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,

(iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,

(v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

(vi).Dimpey Gujral W/o Vivek Gujral & Others Vs. Union Territory Thru.
Administrator Chandigarh & Others; (2013) 11 SCC 497,

(vii). H.N. Pandakumar Vs. State of Karnataka; 2025 SCC OnLine SC 38 ,
and

(viii). Naushey Ali & Others Vs. State of Uttar Pradesh & Another; (2025) 4
SCC 78.

8. In the aforesaid judgments, the 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. &
Another; 2013 (83) ACC 278. in which the law expounded by the Apex court
in the aforesaid cases has been explained in detail.

9. Considering the facts and circumstances of the case, as noted herein
above, and also the submissions made by the counsel for the parties, the
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                                    court is of the considered opinion that no useful purpose shall be served by
                                    prolonging the proceedings of the above mentioned criminal case as the
                                    parties have already settled their dispute.

                                    10. Accordingly, the entire proceedings of Criminal Case No. 3403/9 of 2024
                                    (State Vs. Sushil & Others), arising out of Case Crime No. 444 of 2023, under
                                    Sections 147, 148, 323, 504, 506 and 336 I.P.C., and also under Section 7 of
                                    the Criminal Law Amendment Act, Police Station-Kandhla, District-Shamli,
                                    pending in the Court of Judicial Magistrate, Shamli are hereby quashed.

                                    11. The present application is, accordingly, allowed. There shall be no order
                                    as to costs.

                                    September 17, 2026
                                    Sushil/-

                                                                                        (Madan Pal Singh,J.)




Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad