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2025 DAILYLAW 17958 (ALL)

MOHD AHMAD URF MOHD AQUIF AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4417/2025 · 2025-07-02

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103976 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4417 of 2025 Applicant :- Mohd Ahmad Urf Mohd Aquif And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adnan Aamir Counsel for Opposite Party :- G.A.,Istyak Khan Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 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, including charge-sheet dated 18.10.2024 as well as cognizance / summoning order dated 10.01.2025, of Case No. 1694 of 2025 (State Vs. Mohd Ahmad and others), arising out of Case Crime No.493 of 2024, under Sections 115(2), 352, 351(1), 324(4) BNS, P.S.- Nizamabad, District- Azamgarh, pending in the court of A.C.J.M., Court No.10, Azamgarh, 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 does not want to pursue the impugned proceedings. In the alleged incident no one has 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 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 does 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. 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. The informant 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. 9. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Mohd Ahmad, Mohd Kashif, Mohd Mobashhir & Mohd Atif are hereby quashed. 10. The application u/s 528 BNSS is allowed. Order Date :- 3.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad