KRISHNA KUMAR SHAH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/37076/2025 · 2025-09-23
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100006 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37076 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 06.03.2020 as well as cognizance / summoning order dated 10.11.2020, of Case No. 14158 of 2020 (State Vs. Krishna Kumar Shah and Others), arising out of Case Crime No. 559 of 2019, under Sections 406, 419, 420 I.P.C., Police Station Kotwali Padrauna, District Kushinagar, pending in the Court of Chief Judicial Magistrate, Kushinagar at Padrauna , on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants as well as by learned counsel for the opposite party no. 2 that matter relates to dispute over payment of money and now both the parties have amicably settled the dispute and compromised the case. In pursuance to the compromise a demand draft of Rs. 11,00,000/- (demand draft no. 397035) has been handed over by learned counsel for the applicants to opposite party no. 2 Ms. Savitri Devi, who is present in Court today. It was submitted by learned counsel for the applicants that in view of the aforesaid facts, the impugned proceedings may be quashed on the basis of comrpomise arrived at between the parties. 4. Learned counsel for the opposite party no. 2 has submitted that both the parties have amicably settled the dispute and compromised the matter. As per compromise the opposite party no. 2 / informant has received a demand draft of Rs. 11,00,000/- from applicants. Now the opposite party Versus Counsel for Applicant(s) : Chandra Prakash Misra Counsel for Opposite Party(s) : G.A., Santosh Kumar Pandey, Upendra Kumar Mishra Krishna Kumar Shah And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
no. 2 does not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7.
It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise between the parties, by invoking inherent powers enshrined under Section 528 BNSS. In the instant case, it appears that dispute between the parties relates to payment of money, which is private in nature. If both the parties compromise the case, it would not have any adverse impact on society. The compromise deed of the parties is on record. In terms of compromise, a demand draft of Rs. 11,00,000/- (Rs. Eleven Lakhs) (no. 397035) has been handed over to the opposite party no. 2, who is present in Court today, and she has also stated that she has compromised the case and the impugned proceedings may be quashed. Considering aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Krishna Kumar Shah and Arjun Patel are hereby quashed. 9. The application u/s 528 BNSS is allowed. September 24, 2025 SK Srivastava NA528 No. 37076 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad