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2025 DAILYLAW 24155 (ALL)

DALVEER AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7207/2025 · 2025-07-10

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111748 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7207 of 2025 Applicant :- Dalveer 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 compromise verification report has been filed in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party No. 2 / informant and learned AGA for the State. 3. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings of Session Trial No. 112 of 2017, arising out of Case Crime No. 179 of 2016, under Sections 308, 323, 324, 325, 504 IPC, P.S. Jaganer, District Agra, pending in the court of Additional District & Sessions Judge, Court No. 21, 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. The informant and injured persons of the case do not want to pursue the impugned proceedings. The injured persons have not sustained any serious injury. Both sides have lodged the cases 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 opposite party No. 2 / informant 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 persons of the case 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. Both sides have lodged the cases against each other. The informant of the case and injured persons 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 of the aforesaid case against applicants, namely, Dalveer, Bhoora, Khuti and Hari Babu are hereby quashed. 10. The application under Section 528 BNSS is accordingly allowed. Order Date :- 11.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad