KAMPOTAR SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5756/2025 · 2025-07-15
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20561 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20561 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115162 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5756 of 2025 Applicant :- Kampotar Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- Dan Bahadur Yadav,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 of Criminal Case No. 71 of 2013 (State Vs. Kampotar and Others), arising out of Case Crime No. 168 of 2011, under Sections 379, 323, 324, 325, 504, 506 I.P.C., P.S.- Kheragarh, District- Agra, pending in the court of Judicial Magistrate, Court No. 2nd, Agra, 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 grievous or 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 by invoking inherent powers enshrined under Section 528 BNSS. 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 aforesaid 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 of the aforesaid case against applicants, namely, Kampotar Singh, Satyaveer, Virendra and Keshav Singh 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