MAHENDRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5136/2025 · 2025-07-02
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19450 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19450 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:105233 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5136 of 2025 Applicant :- Mahendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- Deepak Kumar Patel,G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed on behalf of the applicants today in Court 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 10.01.2024 as well as cognizance order dated 07.10.2024, of Case No. 119802 of 2024 (State v. Mahendra & others), arising out of Case Crime No. 1157 of 2023, under Sections 323, 324, 325, 308, 427, 504, 506 IPC, P.S.- Highway, District- Mathura , pending in the court of Chief Judicial Magistrate, Mathura, 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, injured has not sustained any serious injury. In pursuance to order dated 17.03.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified
vide order dated 05.05.2025, 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. 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 concerned 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 the powers under Section 528 BNSS. In the instant case, it was pointed out that both the parties are neighbours and they have lodged cases against each other regarding same incident. The injured has 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. 9. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Mahendra, Ajay, Prempal and Akash are hereby quashed. 10. 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