1. Leave granted.

2. The present appeal is arising out of order dated 06.04.2023 passed by the High Court of Judicature at Allahabad (the “High Court”) in an application under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) bearing number 38114 of 2022, titled ‘Jitendra Mishra @ Sanjay and Ors. Vs. State of Uttar Pradesh and Anr.’ (the “Impugned Order”).

3. The facts of the case reveal that the Appellant herein lodged a First Information Report on 07.08.1999 bearing number 966 of 1999 under Section(s) 364, 147, 148, 149 & 323 of the Digitally signed by Neetu Khajuria Date: 2024.03.09 12:34:27 IST Reason:

Signature Not Verified Indian Penal Code, 1860 (“IPC”) against Respondent Nos.

2 to 4 (the “Accused Persons”) alleging inter alia that (i) the Appellant and Respondent No. 5 were beaten-up and accordingly, injured by Accused Persons who were wielding guns, rifles, revolvers and pistols; and (ii) Respondent No. 5 was further abducted by the Accused Persons (the “FIR”).

4. The matter was investigated by the police and thereafter a charge-sheet was filed against the Accused Persons qua offences under Sections 147, 148, 149, 323 and 364 of the IPC (the “Chargesheet”). Pursuant to the filing of the Chargesheet, Ld. Civil Judge, Junior Division, Tirwa, District, proceeded to take cognizance of the offences and inter alia issued process to the Accused Persons; and rejected objections filed by the Accused Persons vide order(s) dated (a) 29.11.1999; and (b) 18.04.2000 in Criminal Cases No. 1265 of 1999 and 1264 of 1999 (the “Summoning Order”).

5. Aggrieved, the Accused Persons preferred (i) a criminal revision petition assailing inter alia the Summoning Order (the “Revision Petition”); and (ii) an application under Section 482 CrPC seeking the quashing of the Chargesheet before the High Court (the “Quashing Petition”). Pertinently, vide an order dated 28.05.2010, the High Court dismissed both (i) the Revision Petition; and (ii) the Quashing Petition (the “1st HC Order”).

6. Thereafter, the Appellant preferred an application before the Chief Judicial Magistrate, Farrukhabad (the “Trial Court”)

for issuance of non-bailable warrants (“NBWs”) against Accused Persons. Vide an order dated 17.01.2020, the Trial Court ordered the issuance of non-bailable warrants. On 28.09.2022, during the pendency of the trial before the Trial Court, the Accused Persons brought a settlement agreement dated 28.09.2022 executed inter alios the Accused Person(s) and Respondent No. 5 (the “Settlement Agreement”) to the notice of the Trial Court.

Accordingly, an application was preferred by the Accused Persons under Section 482 CrPC before the High Court seeking quashing of the proceedings emanating from the FIR on the basis of the Settlement Agreement (the “1st Settlement Application”).

However, vide an order dated 23.12.2022 in the 1st Settlement Application, the High Court directed the Trial Court to consider the Settlement Agreement; and pass appropriate order(s) within a period of 1 (one) month (the “2nd HC Order”).

7. Pursuant to the 2nd HC Order, Trial Court considered the Settlement Agreement; and vide an order dated 23.01.2023, the Trial Court observed inter alia that (i) the Chargesheet has been filed under Sections 147, 148, 149, 323 and 364 of the IPC of which Section(s) 147, 148, 149, 364 are non-compoundable in nature; (ii) the FIR was lodged by the Appellant herein who was an injured person, yet wasn’t made a party to the Settlement Agreement; and (iii) that the Appellant had filed an objection to the Settlement Agreement. Accordingly, in view of the aforesaid the Trial Court rejected the Settlement Agreement (the “Underlying Order”).

8. Aggrieved by Underlying Order, another application was preferred by the Accused Persons before the High Court under Section 482 of the CrPC seeking the quashing of (i) the FIR; and (ii) the proceeding(s) emanating from the FIR on the basis of the Settlement Agreement (the “2nd Settlement App