ANUJ KUMARversusSTATE OF U.P. AND ANOTHER

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                 APPLICATION U/S 528 BNSS No. - 44735 of 2024

Anuj Kumar
                                                                       .....Applicant(s)
                                        Versus
State of U.P. and Another
                                                                  .....Opposite Party(s)

Counsel for Applicant(s)                     :   Chandra Bhushan Tiwari
Counsel for Opposite Party(s)                :   Mukesh Kumar Pandey, G.A.

Court No. - 82
                    HON'BLE PADAM NARAIN MISHRA, J.

1. The applicant has invoked the inherent jurisdiction of this Court under Section 528
BNSS for quashing the charge-sheet dated 18.05.2022 as well as the cognizance order
dated 17.07.2023 and the entire proceedings of Case No.1170 of 2023 (State v. Anuj
Kumar) arising out of Case Crime No. 0315 of 2021, u/s 147, 148, 149, 323, 504, 506,
307, 336 of IPC, Police Station- Bidhuna, District- Auraiya, pending in the court of
learned Judicial Magistrate/Civil Judge (J.D.), Bidhuna, Auraiya.

2. Learned counsel for both the parties submitted that the parties have settled their
dispute by way of compromise dated 13.12.2024, which has been verified in
pursuance of order dated 15.01.2025 passed by the co-ordinate Bench of this Court
and the photo copies of certified copies of the verified compromise as well as
verification proceedings have been sent by the trial court concerned, which is on
record.

3. Learned counsel for the opposite party no. 2 argued that as the parties have already
arrived at amicable settlement on 13.12.2024 in the aforesaid case and, therefore,
opposite party no. 2 is no more interested to pursue the case any more against the
applicants.

4. Heard learned counsel for the applicants and learned counsel for the Opposite Party
No.2 and learned AGA for the State.

5. A three-Judge Bench of the Supreme Court in Gian Singh v. State of Punjab &
another, (2012) 10 SCC 303, has observed that: (SCC p.340, para 58)

         "58. Where the High Court quashes a criminal proceeding having
         regard to the fact that the dispute between the offender and the victim
         has been settled although the offences are not compoundable, it does
         so as in its opinion, continuation of criminal proceedings will be an
         exercise in futility and justice in the case demands that the dispute
         between the parties is put to an end and peace is resorted; securing the
         ends of justice being the ultimate guiding factor."

6. Keeping in mind the position of law and facts, circumstances of the case, the
                                                                                                     NA528 No. 44735 of 2024
                                                                          2

                                    present application under Section 528 BNSS stands allowed.

                                    7. The entire proceedings of charge-sheet dated 18.05.2022 as well as the cognizance
                                    order dated 17.07.2023 and the entire proceedings of Case No.1170 of 2023 (State v.
                                    Anuj Kumar) arising out of Case Crime No. 0315 of 2021, u/s 147, 148, 149, 323,
                                    504, 506, 307, 336 of IPC, Police Station- Bidhuna, District- Auraiya, pending in the
                                    court of learned Judicial Magistrate/Civil Judge (J.D.), Bidhuna, Auraiya, is hereby
                                    quashed.

                                    8. This order is being passed by this Court after hearing the contesting parties. If at all,
                                    opposite party no. 2 feels that he has been duped or betrayed, then in that event, he
                                    may file recall application explaining the reasons for filing the said application.

                                    9. The parties may file the certified copy of this order before the court concerned
                                    within six weeks from today.
                                    March 19, 2026
                                    Israr
                                                                                                 (Padam Narain Mishra,J.)




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