SHANI SINGH ALIAS PRATEEK SINGH AND 9 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7644/2025 · 2025-07-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27018 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27018 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:108646 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7644 of 2025 Applicant :- Shani Singh Alias Prateek Singh And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- Shivam Pandey,G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed on behalf of the applicants today in Court is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings, including summoning order dated 22.11.2024 and order dated 27.01.2025, of Case No. 4698 of 2024 (State v. Shani Singh @ Prateek Singh and others), arising out of Case Crime No. 325 of 2023, under Sections 147, 148, 323, 504, 308 of I.P.C., Police Station- Saini, District Kaushambi, pending in the Court of Chief Judicial Magistrate, Kaushambi 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 and the informant of the case and injured do not want to pursue the impugned proceedings. Both the parties are members of one and same family and regarding the incident they have lodged cases against each other. Case lodged from the side of applicants has already been compromised. In the alleged incident,
the injured have not sustained any serious injury. In pursuance to
order dated 07.03.2025, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 27.01.2025, the certified copy of the same is available on record. It was submitted that in view of aforesaid 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 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.
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 injured have not sustained any serious injury. 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.
9. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Shani Singh @ Prateek, Rabin Singh, Rishi Singh, Devdhari Singh, Tilakdhari, Pawan Singh, Ravi Singh @ Kallu Singh, Amit Singh @ Khunnu Singh, Shiv Singh and Aman Singh are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 8.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad