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Neutral Citation No. - 2025:AHC:110386 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 6152 of 2025 Applicant :- Basant And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh,Upendra Vikram Singh Counsel for Opposite Party :- Upendra Vikram Singh,G.A. 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 12.08.2009 as well as cognizance / summoning order dated 30.09.2009, of Case Crime No.455 of 2009 (State vs. Narsingh), under Sections 323, 504, 506, 308, 452 IPC, P.S.- Vishunpura, District- Kushinagar, pending in the court of Additional District & Sessions Judge, Court No.1, Kushinagar at Padrauna, 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 compromised the matter. The injured persons have not sustained any serious injury. The impugned proceedings are pending since the year 2009. In the alleged incident both the parties have sustained injuries and both the parties have lodged case against each other. 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 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, 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 and injured do 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, Basant, Baliram & Hariram are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 10.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad