ANUJ KUMAR RAI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/35142/2024 · 2025-04-16
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101909 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101909 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57028 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 35142 of 2024 Applicant :- Anuj Kumar Rai And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- Basu Dev,G.A. 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 u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing of the entire proceedings of Case No. 293 of 2019 (Satyendra Singh Vs. Anuj Kumar Rai and Others), under Sections 323, 420, 452, 504, 506 IPC, P.S. Bhelupur, District Varanasi, pending in the court of Special Chief Judicial Magistrate, Varanasi, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that the dispute between the parties relates to payment of money, which is private in nature and that now both the parties have amicably settled the dispute and the complainant of the case does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned counsel for the opposite party no.2 /complainant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant 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. In the instant case, the matter relates to payment of money between the parties, which is private in nature. If parties compromise the matter, it would not have adverse impact on society.
The complainant of the case does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering 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 of the aforesaid case, against applicants, namely, Anuj Kumar Rai, Anoop Kumar Rai & Janki Devi are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 17.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad