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2025 DAILYLAW 14419 (ALL)

MOHD. AKRAM @ AKRAM KHAN v. STATE OF UTTAR PRADESH AND 9 OTHERS

A482/7261/2022 · 2025-07-02

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105254 Court No. - 71 Case :- APPLICATION U/S 482 No. - 7261 of 2022 Applicant :- Mohd. Akram @ Akram Khan Opposite Party :- State Of Uttar Pradesh And 9 Others Counsel for Applicant :- Haseen Ahmad,Pradeep Yadav,Saurabh Basu Counsel for Opposite Party :- Abhinay Bhattacharya,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, 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 filed for quashing of the entire criminal proceedings, including summoning order dated 23.11.201, of Case No. 382 of 2021 (State Vs. Talha and others), arising out of Case Crime No. 0117 of 2019, under Sections 147, 148, 149, 323, 324, 325, 308, 504, 506 I.P.C., Police Station- Ahraula, District- Azamgarh, pending in the court of Judicial Magistrate, Court No. 23, Azamgarh, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicant 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 does not want to pursue the impugned proceedings. In the alleged incident, two persons have sustained injuries. In pursuance to order dated 29.03.2022, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 26.05.2025, the certified copy of the same is available on record. It was submitted that in view of aforesaid 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 has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and the injured do not want to proceed with the case pending before the trial court concerned 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 by invoking powers under Section 528 BNSS. In the instant matter, the informant and the injured have not sustained any serious injury. If parties compromise the matter, it would not have adverse impact on society. The informant and the injured do not want to pursue the impugned proceedings. 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, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicant, namely, Mohd. Akram @ Akram Khan are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 3.7.2025/ Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad