NA528/50042/2025 of HAMJA AND 3 OTHERS Vs STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME, GOVT OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50042 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Afzal Husain, learned Counsel for the applicants, Mr. Mohd. Qasim, learned Counsel for opposite party no.2, who appeared through video conferencing and learned AGA for the State and perused the records. 2. The present application under Section 528 BNSS has been filed by the applicants with the following prayer: "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Case No. 9749 of 2025 (State of U.P. versus Hamza and others), Charge Sheet dated 18.05.2025, arising out of Case Crime No. 420 of 2025, under Sections 115(2), 352, 351(3), 333 BNS, Police Station Kotwali Shahr, District Bulandshahr and cognizance order dated 21.08.2025, pending in the Court of Chief Judicial Magistrate, District Bulandshahr. It is further prayed, that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No. 9749 of 2025 (State of U.P. versus Hamza and others), Charge Sheet dated 18.05.2025, arising out of Case Crime No. 420 of 2025, under Sections 115(2), 352, 351(3), 333 BNS Police Station Kotwali Shahr, District Bulandshahr and cognizance order dated 21.08.2025, pending in the Court of Chief Judicial Magistrate, District Bulandshahr." 3. 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. 4. 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. 5. From the perusal of the record it is apparent that parties have entered in to Versus Counsel for Applicant(s) : Afzal Husain Counsel for Opposite Party(s) : G.A., Mohd Qasim Hamja And 3 Others .....Applicant(s) State Of U.P. Through Principal Secretary Home, Govt Of U.P. And Another .....Opposite Party(s) compromise and have settled their dispute amicably. 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 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 as prayed for by the applicants. 8. The entire proceedings of the aforesaid case are hereby quashed. 9. The present application is allowed. May 6, 2026 Vijay NA528 No. 50042 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad