NANHEY KHAN AND 10 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5166/2025 · 2025-07-15
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14854 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14854 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115214 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5166 of 2025 Applicant :- Nanhey Khan And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi,Devashish Mitra Counsel for Opposite Party :- Divyansh Rai,G.A. Hon'ble Raj Beer Singh,J.
1. Certified copy of the order of verification of compromise is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including cognizance order dated 06.09.2023, of Session Trial No. 33 of 2024 (State Vs. Nanhey Khan and 10 Others), arising out of Case Crime No. 280 of 2021, under Sections 147, 148, 504, 336, 452, 427, 323, 308, 325 I.P.C., P.S.- Nawabganj, District- Bareilly, pending in the court of Additional District Judge / Special Judge Prevention of Corruption, Court No. 2, District Bareilly, 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 incident took place at spur of moment on issue of playing children in the field. Now both the parties have amicably settled the dispute and compromised the case. An application for compromise was filed before the Trial Court, alongwith affidavits of injured persons. The said compromise has been verified by the Trial Court concerned vide order dated 28.05.2025, the certified copy of the same has been filed today in Court. Regarding the alleged incident, both the parties have lodged cases against each other. The injured has not sustained any serious injury. It was submitted that in view of these facts, the impugned proceedings
may be quashed on the basis of compromise arrived at between the parties. 5. Learned counsel for the opposite party no.2 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 informant and injured do not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8.
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, as per prosecution version, an incident had taken place on the issue of playing children in field and both the parties have lodged cases against each other. In view of these facts, if parties compromise the case, it would not have any adverse impact on society. There is nothing to show that applicants have any criminal antecedents. Both the parties have filed compromise before the Trial Court, which has been verified. In view of these facts and circumstances, it appears in the interest of justice that impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 9. In view of the aforesaid, entire impugned proceedings, including cognizance / summoning order, of the aforesaid session trial against applicants, namely, Nanhey Khan S/o Sri Banne Khan, Nanhe Khan S/o Sri Naviyar Khan, Bablu, Sonu, Jeshan Khan, Laik, Arif, Sher Khan, Asib and Shakir Dad Khan are hereby quashed. 10. The application u/s 528 BNSS is allowed. Order Date :- 16.7.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad