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Neutral Citation No. - 2025:AHC:52792 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7300 of 2025 Applicant :- Sanu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Shri Arvind Kumar Sahu, Advocate has filed his Vakalatnama on behalf of opposite party no.2 which is taken on record. Report of compromise verification filed by learned counsel for the applicants is also taken on record.
2. Heard learned counsel for the applicants, learned AGA for the State and learned counsel appearing for opposite party no.2.
3. This application under Section 528 BNSS has been preferred for quashing of the entire criminal proceedings, including summoning
order dated 11.08.2023, of Session Case No.1804 of 2023 (Faruk v. Sanu and others), under Section 392 IPC, Police Station- Sahaswan, District- Budaun, pending in the court of Additional Sessions Judge/Special Judge (Dacoity Affected Areas), Badaun.
4. It has been submitted by learned counsel for the applicants that alleged incident took place due to misconception and the dispute between the parties is private in nature. Now both the parties have amicably settled their dispute and compromised the case and the complainant of the case does not want to pursue the impugned proceedings. The compromise has already been verified by the trial court concerned. 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
arguments of learned counsel for the applicants and submitted that both the parties have compromised the matter and they have settled all disputes. The compromise between the parties has already been verified by the Trial Court concerned. The complainant does not want to pursue the impugned proceedings and thus, the impugned proceedings may be quashed on the basis of the compromise between the parties.
6. I have considered the rival submissions and perused the record.
7. It is well-settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise between the parties. In the instant matter, the dispute between the parties is private in nature and no one has sustained any injury in the alleged incident. If parties compromise the matter, it would not have any adverse affect on the society. The compromise between the parties has already been verified by the trial court. Considering the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.
8. In view of aforesaid, the entire impugned proceedings, including summoning order, of the aforesaid case against applicants, namely, Sanu, Siraj, Shabbu and Shahzan are hereby quashed.
9. The application under Section 482 Cr.P.C. is allowed.
Order Date :- 9.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad