NA528/50193/2025 of ATIF SHAMSHI AND ANOTHER Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50193 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1.  The supplementary affidavit, filed today in Court, is taken on record. 2. Heard Mr. Ehtesham Afsar Khan, learned Counsel for the applicants, Mr. Md. Saud, learned Counsel holding brief of Ms. Zulekha Begum, learned Counsel for opposite party no.2 and learned AGA for the State and perused the records. 3. The present application under Section 528 BNSS has been filed by the applicants with the following prayer: "It is, therefore, most respectfully prayed the this Hon'ble Court may kindly be pleased to allow the application and quash the cognizance /Summoning order dated 19.03.2014 and charge sheet No. 224 of 2013 dated 18.09.2013 as well as entire proceeding of Case No. 1574 of 2024 (Old Case No.2833 of 2014), State versus Atif Shamshi and Others, arising out of Case Crime No. 1944 of 2013, Under Sections 323, 324, 325, 504, 506 of I.P.C., Police Station-Kotwali, District-Bareilly pending in the court of Additional Civil Judge (Sr. Div.), Court No.4, Bareilly in terms of compromise dated 25.11.2025 (Annexure No. 4 to this affidavit)." 4. Learned Counsel for the applicants has submitted that the applicants and opposite party no.2 have compromised the dispute. It is further argued that the said compromise has also been verified by the concerned Trial Court, as such the proceedings against the applicants may be quashed. 5. Learned counsel for opposite party no.2 admitted the fact of compromise and stated that he has no objection if the proceeding of the aforesaid case is quashed against the applicants. Versus Counsel for Applicant(s) : Ehtesham Afsar Khan Counsel for Opposite Party(s) : Zulekha Begum, G.A. Atif Shamshi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably. 7. 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 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. 8. 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 as prayed for by the applicants. 9. The entire proceedings of the aforesaid case are hereby quashed. 10. The present application is allowed. May 6, 2026 Vijay NA528 No. 50193 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad