Neutral Citation No. - 2025:AHC:111713 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7687 of 2025 Applicant :- Radha Krishna And 9 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Tawvab Ahmed Khan Counsel for Opposite Party :- Syed Khursheed Anwar Alvi,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned charge sheet dated 25.04.2016, under Sections 147, 323, 504, 325 I.P.C. Police Station Chaubia, District Etawah, being charge sheet no. 80 of 2016, Police Station Chaubia, District Etawah (Annexure No. 1) as well as the impugned charge dated 09.08.2017 (Annexure No. 2) as altered vide order dated 08.06.2022 (Annexure No. 3) under Section 147 section 323 r/w Section 149, Section 325 r/w Section 149, 504 r/w Section 149 and Section 307 r/w Section 149 I.P.C. framed by the learned Additional District and Session Judge, Etawah in Session Trial No. 183 of 2017 (State Vs. Radha Krishna and others), arising out of Case Crime No. 0078 of 2016, Police Station Chaubia, District Etawah, and the entire proceeding in pursuance thereof may be quashed as it relates to the applicants or may pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. Further, It is prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Session Trial No. 183 of 2017 (State Vs. Radha Krishna and others), arising out of Case Crime No. 0078 of 2016, under Sections 147, 323 r/w 149, 325 r/w 149, 504 and 307 r/w 149 I.P.C. Police Station Chaubia, District Etawah, pending in the Court of 4th Additional District and Session Judge / Special Court (EC Act) Etawah, pending in the Court of learned Additional District and Session Judge, Etawah as it relates to the applicants during the pendency of the present application under section 528 B.N.S.S. as otherwise the applicants would suffer irreparable loss and injury." 3. 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 and the informant of the case and injured do not want to pursue the impugned proceedings. In the alleged incident, the injured has not sustained any serious / grievous 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. 4. Learned counsel for the opposite party no.2 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 do not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. 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. Though the applicants have also been summoned under Section 307 IPC but except fracture of one rib, no other grievous injury has been shown and that no case under Section 307 IPC is made out. Regarding the incident in question both the parties have lodged case against each other. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and injured 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. 8. In view of the aforesaid, entire impugned proceedings, including charge-sheets of the aforesaid case, against applicants, namely, Radha Krishna, Ram Kishan, Lalman, Parshuram, Jagveer, Malkhan, Satish, Ajit, Anshul & Prashant are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 11.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad