Neutral Citation No. - 2025:AHC:139057 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 4793 of 2025 Applicant :- Saroj And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashi Bhushan Rai Counsel for Opposite Party :- G.A.,Priyanshu Dwivedi Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.08.2024; cognizance order dated 17.12.2024 as well as entire proceedings of the Case no. 879 of 2024 (State Versus Akram and Others) arising out of Case Crime No. 261 of 2024, under Sections 329(3), 110, 351(3) B.N.S. Police Station Milak, District-Rampur, pending before Additional Civil Judge (S.D.)2, District -Rampur. 3. It is alleged in the F.I.R. that on 19.07.2024 at about 12 am. the applicants entered into the house of informant through roof with intention to commit theft. The informant and his son both tried to stop them from entering into the house. The applicants caught the informant's son and thereafter they beaten him brutally and the applicants hit him on his head with iron rod, as a result, the informant's son received grievous injury. 4. The Co-ordinate Bench of this Court vide order dated 10.04.2025 passed the following order: "Heard learned counsel for the applicants, learned counsel for the informant, Sri R.K. Singh, learned A.G.A. for the State and perused the record. Learned counsel for both the parties submitted that parties settled their dispute arising out of offence punishable under Sections 329(3), 110, 351(3) of B.N.S. on the basis of compromise dated 10.01.2025. Certified copy of compromise is annexed as Annexure No. 3 to the affidavit. Both the parties are directed to appear before the court concerned for verification of compromise within six weeks from today. Court concerned is directed to verify the same. Applicants are directed to file supplementary affidavit annexing certified copy of the compromise as well as proceedings of verification of compromise. Put up this case on 14.8.2025, as fresh. Till the next date of listing, further proceedings of Case No.879 of 2024 (State Vs. Akram and others) pending before Additional Civil Judge (S.D.)-2, District- Rampur as well as charge- sheet dated 03.08.2024 along with cognizance order dated 17.12.2024 arising out of Case Crime No.261 of 2024, under Sections - 329(3), 110, 351(3) B.N.S., P.S. - Milak, District- Rampur, shall remain stayed against the applicants." 5. Thereafter, the parties have been verified. The verification report is not available on record. 6. On the other hand, learned A.G.A. opposed the prayer of the applicants by contending that the offence is heinous in nature, therefore, the proceedings of aforesaid case cannot be quashed. 7. Considered the argument and perused the record. From the record, it is apparent that applicants entered into the house of of informant with malice intention to commit theft and when the informant and his son tried to stop them, they brutally beaten the informant's son. Allegation alleged in the F.I.R. is with regard to theft, thereafter assault is heinous crime and against the society. The Apex Court in State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, has held that the Court should avoid to exercise the power in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. Such offences are not private in nature and have a serious impact on society. Similar view has been taken in the case of Daxaben vs. the State of Gujarat, 2022 SCC OnLine SC 936. 8. Accordingly, the relief as sought by the applicants is refused. 9. The application lacks merit and is accordingly, dismissed. 10. Office is directed to send a copy of this order to the concerned court below within a week for necessary information. Order Date :- 14.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad