NA528/36930/2025 of MUKESH KUMAR AND 4 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36930 of 2025 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Rakesh Yadav, learned counsel for the applicants, Sri Pradep Kumar Singh, learned counsel for the opposite party no. 2, Sri Jitendra Singh, learned counsel for the State and perused the records. 3. The present application under Sections 528 BNSS has been filed by the applicants Mukesh Kumar, Deep Narayan, Lalti Devi, Kiran Devi and Yogesh Kumar, with the prayer to allow the present application and quash the entire proceeding, charge sheet dated 08.07.2023 in Criminal Case No. 312 of 2025, State Vs. Mukesh Kumar and others, arising out of case crime No. 223 of 2023, under Sections 147, 308, 427, 506, 323, 336, 498-A I.P.C. P.S.- Dhanghata, District Sant Kabir Nagar, pending in the court of District and Sessions Judge, Sant Kabir Nagar in terms of compromise dated 26.08.2025 between the parties and with a further prayer to stay the further proceedings of the said case. 4. Learned counsel for the applicants states that an order was passed by a co- ordinate Bench of this Court vide order dated 24.09.2025 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 13.10.2025 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. 5. Learned counsel for the State has no objection to the said proposition. 6. 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) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and Versus Counsel for Applicant(s) : Rakesh Yadav Counsel for Opposite Party(s) : Pradeep Kumar Singh, G.A. Mukesh Kumar And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed. 7. 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 cognizance/summoning order as prayed for by the applicant(s). 8. The present application is allowed. 9. The entire proceeding, charge sheet dated 08.07.2023 of the aforesaid case are hereby quashed. May 18, 2026 M. ARIF NA528 No. 36930 of 2025 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad