Allahabad High Court
Prince And 9 Others vs State Of U.P. And 4 Others on 2 September, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:154484
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5469 of 2025
Prince And 9 Others
.....Applicant(s)
Versus
State Of U.P. And 4 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Bishram Tiwari, Rakesh Kumar Upadhyay
Counsel for Opposite Party(s)
:
G.A.
Court No. - 72
HON'BLE DEEPAK VERMA, J.
1. Sri Sudhakar Srivastava, learned Advocate has filed Vakalatnama on behalf of opposite party nos.2 to 5, which is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 to 5, learned A.G.A. for the State and perused the record.
3. The present 528 BNSS application has been filed to quash the charge-sheet dated 09.10.2023 cognizance order dated 04.12.2023 as well as entire proceedings of Criminal Case No.14437 of 2023 (State Vs. Prince and others), arising out of Case Crime No.34 of 2023, under Sections 147, 148, 149, 452, 323, 504, 506, 325 IPC, Police Station Ankur Vihar, District Gramin (Commissionerate Ghaziabad), pending in the court of Additional Chief Judicial Magistrate-1, Ghaziabad.
4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is next submits that both the parties have amicably settled the dispute out of Court in terms of compromise dated 29.08.2023. It is next submitted that the applicants filed 482 Cr.P.C. Application No.8611 of 2024 before this Court to quash the proceedings as both the parties have amicably settled the dispute out of the court. This Court, vide order dated 27.05.2024, has disposed of the application for the following directions:-
"1. Heard learned counsel for the applicants and Sri V.P. Tripathi, learned A.G.A. for the State.
2. The present application U/s 482 Cr.P.C. has been filed with the prayer to quash the charge dated 09.10.2023 as well as the cognizance order dated 04.12.2023 and the entire proceedings of Case No. 14437 of 2023 (State vs. Prince and others), arising out of Case Crime No. 34 of 2023, under Sections 147, 148, 149, 452, 323, 504, 506, 325 IPC, Police Station- Ankur Vihar, District- Gramin (Commissionerate Ghaziabad), pursuant to compromise deed dated 29.08.2023.
3. Counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of the compromise deed dated 29.08.2023 has been annexed as Annexure-5 to the affidavit, wherein it has been mentioned that opposite party no. 2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the trial court and the same is not only sheer wastage of time of the Court but also abuse of process of law.
4. Learned AGA, however, submits that it is the trial court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the trial court and move an application with respect to compromise between the parties, which will be decided in accordance with law.
5. In view of above, both the parties are directed to appear before the trial court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that trial Court may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the trial Court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.
6. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
7. Till verification of compromise between the parties by the trial court, no coercive action shall be taken against the applicants in the aforesaid case.
8. With the aforesaid directions, this application is finally disposed of."
5. Thereafter, the applicants has filed the present application to quash the proceedings."
5. Pursuant to the said order dated 27.05.2024, the parties appeared before the court below and after due verification of the parties and contents of the compromise made between them, the court below vide order dated 28.06.2024 has passed the verification order. A copy of the same is annexed to the affidavit. Both the parties have amicably settled the dispute and opposite party nos.2 to 5 do not want to pursue the case against the applicants. Injuries are simple in nature.
6. Learned counsel for the applicants has submitted that the applicants and opposite party nos.2 to 5 have settled their private and civil dispute through compromise and as such opposite party nos.2 to 5 do not wish to press the aforesaid case against the applicant. Opposite party nos.2 to 5 are ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
7. In view of the facts and circumstances of the case, the applicants and opposite party nos.2 to 5 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceeding of Criminal Case No.14437 of 2023 (State Vs. Prince and others), arising out of Case Crime No.34 of 2023, under Sections 147, 148, 149, 452, 323, 504, 506, 325 IPC, Police Station Ankur Vihar, District Gramin (Commissionerate Ghaziabad), pending in the court of Additional Chief Judicial Magistrate-1, Ghaziabad, is hereby quashed.
9. The application under Section 528 of B.N.S.S. is accordingly allowed.
(Deepak Verma,J.) September 2, 2025 Mini