Allahabad High Court
Anirudh Agrawal And Another vs State Of U.P. And Another on 13 May, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:78496
Court No. - 52
Case :- APPLICATION U/S 528 BNSS No. - 6159 of 2025
Applicant :- Anirudh Agrawal And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhuvnesh Kumar Singh,Rajrshi Gupta,Sr. Advocate
Counsel for Opposite Party :- G.A.
with
Case :- APPLICATION U/S 482 No. - 37659 of 2024
Applicant :- Renu Agrawal And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhuvnesh Kumar Singh,Rajrshi Gupta,Sr. Advocate
Counsel for Opposite Party :- Akash Tomar,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Bhuvnesh Kumar Singh, learned counsel for the applicants, Mr. Atul Verma, Advocate holding brief of Mr. Akash Tomar, learned counsel for the opposite party no.2, Mr. Mayank Awasthi, learned counsel for the State and perused the records.
2. These applications have been filed for quashing the charge sheet dated 14.09.2024 and 23.11.2024 and cognizance/summoning order dated 24.09.2024 and 24.01.2025 as well as the entire proceedings of Case No.1875 of 2024 (State vs. Anirudh Agrawal and others), arising out of Case Crime No.135 of 2024, under Sections 420, 467, 468, 427, 406, 120B IPC, Police Station-Nagina, District-Bijnor, pending before the court of Additional Chief Judicial Magistrate, Nagina, Bijnor on the basis of compromise.
3. Learned counsel for the applicants submits that the applicants in both the petitions are family members and related to opposite party no.2. The parties have amicably settled their dispute and a compromise has been entered into between the parties. In application U/s 482 No.37659 of 2024, on 27.01.2025, the Co-ordinate Bench of this Court passed the following order:-
"Sri Akash Tomar, Advocate has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record.
Office is directed to show the name of Sri Akash Tomar, as counsel for the opposite party no.2.
Supplementary affidavit also filed is taken on record.
Learned counsel for both the parties jointly submitted that parties settled their dispute with regard to the offence punishable under Sections 420, 467, 468, 427, 406, 120B of I.P.C. on the basis of compromise dated 21.01.2015. Certified copy of compromise is annexed at Annexure SA-1 of the supplementary affidavit.
Both the parties are directed to appear before the court concerned for verification of compromise within three weeks from today.
Court concerned is directed to verify the same.
Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise.
Put up this case on 28.03.2025, as fresh.
Till the next date of listing, further proceedings of Criminal Case No. 1875 of 2024 (State Vs. Anirudh Agrawal and others), arising out of Case Crime No.135 of 2024, P.S. Afzalgarh, District Bijnor shall remain stayed against the applicants."
4. In compliance of the aforesaid order, compromise has been vefiried by order dated 13.02.2025 passed by Additional Chief Judicial Magistrate, Nagina, Bijnor in the presence of the representative of both the parties alongwith their respective counsels. A certified copy of order dated 13.02.2025 has been annexed at Page 10 of the supplementary affidavit.
5. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
6. Learned A.G.A. for the State does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants.
7. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
10. Accordingly, the charge sheet dated 14.09.2024 and 23.11.2024 and cognizance/summoning order dated 24.09.2024 and 24.01.2025 as well as the entire proceedings of Case No.1875 of 2024 (State vs. Anirudh Agrawal and others), arising out of Case Crime No.135 of 2024, under Sections 420, 467, 468, 427, 406, 120B IPC, Police Station-Nagina, District-Bijnor, pending before the court of Additional Chief Judicial Magistrate, Nagina, Bijnor is hereby quashed.
11. These applications are, accordingly, allowed. There shall be no order as to costs.
12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.
13. A copy of this order be sent to the lower court forthwith.
Order Date :- 13.5.2025
Jitendra/-
