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2025 DAILYLAW 23268 (ALL)

RAHAT ALI v. STATE OF U.P. AND ANOTHER

NA528/6344/2025 · 2025-08-04

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132003 Court No. - 53 Case :- APPLICATION U/S 528 BNSS No. - 6344 of 2025 Applicant :- Rahat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- Abhishek Singh,G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned counsel appearing on behalf of opposite party No.2, learned AGA for the State and perused the material available on record. 2. The instant application under Section 528 BNSS has been filed by the applicant with the prayer to quash the charge-sheet dated 18.10.2024 and summoning/cognizance order dated 16.1.2025 as well as entire proceeding of case arising out of Case Crime No.459 of 2024 (State vs. Rahat Ali) under Sections 115(2), 118(1), 352, 351(2), 121(1) BNS, P.S.-Swar, District-Rampur, pending in the court of ACJ (SD)-1/ACJM, Rampur. 3. Learned counsel for the applicant submitted that as per the prosecution version, the applicant had attacked the informant with some sharp-edged weapon due to which he suffered serious injury on head. The incident occurred in view of the fact that the accused was demanding allotment list of Prime Minister Residence Yojna, which the informant declined to show him. Learned counsel for the applicant has further submitted that a compromise has entered into between the parties on intervention of some respectable persons and well-wishers of the parties and the informant is no-longer trying to proceed with the case against the applicant. The parties have amicably settled their dispute and it is in larger interest of piece and harmony between the parties that the criminal case be quashed in terms of the compromise. 4. Learned counsel appearing for opposite party No.2 could not dispute the contention raised by learned counsel for the applicant. 5. Learned AGA also does not dispute the fact that parties have entered into settlement which is duly verified by the court concerned. It is further submitted that he would have no objection in case criminal proceedings are put to an end. He further submits that in view of settlement there is virtually no chance of any conviction being recorded in the criminal proceedings. 6. Having examined the matter in its totality, this Court is of the view that the criminal proceedings in the present case had essentially been an outcome of a dispute; and there are no such over bearing circumstances for which the applicants ought to be prosecuted even after the parties has entered into a settlement. Needless to observe that with the present stand of the parties in terms of their settlement, there is practically no chance of recording conviction, even if the case under the F.I.R. in question is put to trial. In other words, entire exercise of trial would only be an exercise in futility. On the contrary, looking to the nature of dispute and the fact that the parties have compromised and want to proceed peacefully ahead, it would be in the interest of justice that criminal proceedings in question are quashed. 7. It would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and to secure the ends of justice, it is appropriate that the criminal case is put to an end. 8. In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter has been mutually settled between the parties in view of the compromise, no useful purpose would be served in proceeding with the matter further. 9. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court in Parbatbhai Aahir Vs. State of Gujarat (2017) 9 SCC 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, the proceedings of the aforesaid case is hereby quashed. 10. The present application under Section 482 Cr.P.C. is, accordingly, allowed and the criminal proceedings of aforesaid case are hereby quashed. Order Date :- 5.8.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad