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2025 DAILYLAW 110736 (ALL)

SHUSHIL KUMAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/42936/2024 · 2025-07-24

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123172 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 42936 of 2024 Applicant :- Shushil Kumar And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vineet Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Certified copy of compromise verification report filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants and learned AGA for the State. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings of Case No. 15245 of 2024 (State Vs. Shushil Kumar and others), arising out of Case Crime No.204 of 2024, under Sections 308, 323, 506 IPC, P.S.- Kotwali Dehat, District- Saharanpur, pending in the court of A.C.J.M.-Ist, Saharanpur, on the basis of compromise arrived at between the parties. 4. It has been argued by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant of the case and the injured do not want to pursue the impugned proceedings. In the alleged incident the injured has not sustained any serious injury. 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. 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 by invoking inherent powers enshrined under Section 528 BNSS. In the instant case, the matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that applicants 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, Shushil Kumar & Manjeet are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 25.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad