Allahabad High Court
Serajuddin Ansari Alias Sirajuddin ... vs State Of U.P. And Another on 21 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:209307
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29715 of 2025
Serajuddin Ansari Alias Sirajuddin Ansari And 8 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Pradeep Kumar
Counsel for Opposite Party(s)
:
G.A., Piyush Patel
Court No. - 79
HON'BLE TEJ PRATAP TIWARI, J.
1.Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
2. Heard Sri Pradeep Kumar, learned counsel for the applicants, Sri Ravi Prakash, Advocate holding brief of Sri Piyush Patel, learned counsel for the opposite party no. 2, learned A.G.A for the State and perused the records.3. The present application under Section 528 BNSShas been filed to quash the entire criminal proceedings of Criminal Case No. 5017 of 2022 (State Vs. Sirajuddin Ansari and others), arising out of Case Crime No. 04 of 2022, under Sections 498A, 323, 504, 506, 406 of I.P.C. and 3/4 DP Act, Police Station Mahila Thana, District Maharajganj, charge sheet dated 10.04.2022 as well as cognizance order dated 09.06.2022, pending in the court of Civil Judge (Jr. Div.)/ F.T.C., Court No.1, Maharajganj on the basis of compromise dated 10.07.2025.
4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court on 14.08.2025 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 on 04.09.2025 verified the said compromise. Copy of the same is annexed as Annexure-1 in the supplementary affidavit filed today. The same is not disputed by learned counsel for the opposite party no.2.
5. 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.
6. 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 order as prayed for by the applicant(s).
7. The present application is allowed.
8. The entire proceedings, charge sheet as well as cognizance order of the aforesaid case are hereby quashed.
(Tej Pratap Tiwari,J.) November 21, 2025 PS