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2025 DAILYLAW 27144 (ALL)

RAJKUMAR JAISWAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7630/2025 · 2025-07-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108917 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7630 of 2025 Applicant :- Rajkumar Jaiswal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Shukla Counsel for Opposite Party :- Ved Prakash Pandey,G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 / informant, learned A.G.A. for the State and perused the record. 3. This application u/s - 528 BNSS has been filed for quashing of the entire proceedings, including charge sheet dated 07.07.2020 as well as cognizance order dated 16.08.2024, of Case No. 9903 of 2024 (State Vs. Rajkumar Jaiswal), arising out of N.C.R. No. 115 of 2018, under Sections - 323, 504, 506 I.P.C., Police Station - Tarkulwa, District - Deoria, pending in the court of Additional Chief Judicial Magistrate, Court No.19, Deoria, on the basis of compromise arrived at between the parties. 4. It is submitted by learned counsel for applicants that both the parties are residents of the same place and that alleged incident took place due to some misconception. Now both the parties have amicably settled the dispute and compromised the case. In the alleged incident no one has sustained any serious injury. Both the parties are residents of same place. It was submitted that 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 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 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 by invoking inherent powers enshrined under Section - 528 BNSS. In the instant case, the dispute between the parties appears to be private in nature and does not have any serious impact on society if parties compromise the matter. As stated earlier both the parties are residents of same place and that no one has sustained any serious injury. There is nothing to indicate that parties have any criminal antecedents. The informant does not want to proceed with the impugned case against the applicants. 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 charge-sheet and cognizance order of the aforesaid case against applicants, namely, Rajkumar Jaiswal, Mahendra Jaiswal, Badri Jaiswal and Durgawati Jaiswal, are hereby quashed. 10. The application u/s 482 Cr.P.C. is allowed. Order Date :- 8.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad