PRADEEP KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6892/2025 · 2025-03-03
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24289 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24289 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30429 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6892 of 2025 Applicant :- Pradeep Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Sri Sunil Kumar Singh, Advocate has filed short counter affidavit along with his Vakalatnama on behalf of the complainant/opposite party no.2, in Court today, which are taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material brought on record.
3. This application u/s 528 B.N.S.S. has been preferred for quashing of the entire proceedings, of Complaint Case No. 2686 of 2006, under Sections - 323, 504, 506, 427, 394 I.P.C., Police Station - Gopiganj, District - Sant Ravidas Nagar (Bhadohi), Gyanpur, pending in the court of Chief Judicial Magistrate, Bhadohi, Gyanpur, on the basis of compromise arrived at between the parties.
4. It is submitted by learned counsel for the applicants that dispute between the parties relates to damage of crops and the same is private in nature. In the alleged incident complainant has sustained only one simple injury. Now both the parties have amicably settled the dispute and compromised the case. Both the parties are members of one and same extended family. It was stated that both the parties are present before this Court today and a short counter affidavit on behalf of complainant has been filed. It was submitted that in view of these facts, 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 between the parties.
5. Learned counsel for the opposite party no.2 /complainant 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 complainant does not want to proceed with the case pending before the trial court and 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, matter relates to private dispute between the parties and if parties compromise the case, it would not have any adverse impact on society. Both the parties are stated to be members of one and the same extended family and the complainant has not sustained any serious injury. The impugned proceedings are pending since the year 2006. Both the parties are present before this Court today and stated that they have compromised the case and impugned proceedings may be quashed. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the 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 complaint case, against applicants, namely, Pradeep Kumar, Shailendra Kumar @ Guddu and Ravindra Kumar @ Kallu are hereby quashed.
10. The application u/s 528 B.N.S.S. is allowed.
Order Date :- 4.3.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad