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Neutral Citation No. - 2025:AHC:60594 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7089 of 2025 Applicant :- Dr. Amit Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- Chetan Chatterjee,G.A. Hon'ble Raj Beer Singh,J.
1. Learned counsel for the applicant has filed certified copy of compromise verification report, which are taken on record.
2. Heard learned counsel for the applicant, learned counsel for the opposite party nos.2 to 4 and learned AGA for the State.
3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing of the entire proceedings, including order dated 15.11.2022, of Complaint Case No. 292 of 2011 (Dr. Amit Vs. Ashok and Others), under Sections 323, 307, 504, 506 IPC, P.S. Sadar Bazar, District Saharanpur, pending in the court of C.J.M., Saharanpur, on the basis of compromise arrived at between the parties.
4. It has been argued by the learned counsel for the applicant that the dispute between the parties relates to property, which is private in nature and that now both the parties have amicably settled the dispute and the complainant of the case does not want to pursue the impugned proceedings. In the alleged incident no one has sustained any 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 nos.2 to 4 has concurred with the
arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant 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. In the instant case, it appears that applicant has lodged first information report against opposite party nos.2 to 4 for offences under Sections 452, 307, 323, 504, 506 IPC and after investigation police have submitted final report. Applicant has preferred a protest petition, which was registered as a complaint case. The opposite party nos.2 to 4 were summoned for offence under Sections 323, 307, 504, 506 IPC vide summoning order dated 28.01.2012. Though, applicants were also summoned under Section 307 IPC but it is a no injury case. The dispute between the parties relates to property, which is private in nature. The complainant himself approached this Court for quashing of impugned proceedings against opposite party nos.2 to 4. If parties compromise the matter, it would not have adverse impact on society. 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 order dated 15.11.2022 of the aforesaid case, against opposite party nos.2 to 4, namely, Smt. Kavita Bajaj, Himanshu Bajaj & Karan Bajaj are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 22.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad