SAGUFTA JAINAB AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8869/2025 · 2025-05-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28575 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28575 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:75049 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8869 of 2025 Applicant :- Sagufta Jainab And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishe Pandey Counsel for Opposite Party :- Brijesh Kumar Goutam,G.A. Hon'ble Raj Beer Singh,J.
1. Learned counsel for the applicants has filed certified copy of compromise verification report in Court today, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 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 summoning order dated 02.03.2022, of Complaint Case No. 619 of 2021 (Smt. Hayat Anjum Vs. Afzal and Others), under Sections - 452, 323, 436, 504, 506 I.P.C., Police Station - Deoband, District - Saharanpur, pending in the court of Additional Chief Judicial Magistrate, Deoband, Saharanpur, on the basis of compromise arrived at between the parties. 4. It is submitted by learned counsel for the applicants that applicant no.1 is sister-in-law (devrani) of opposite party no.2 and remaining applicants are family members of applicant no.1 and the alleged dispute between the parties has taken place due to misconception. Both the parties have amicably settled the dispute
and the opposite party nos.2/complainant does not want to pursue the impugned proceedings. In the alleged incident no one has sustained any injury. In pursuance to the order of this Court, the compromise has already been verified by the Trial Court concerned, copy of which is available 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 / 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 opposite party no.2 / 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, both the parties are related to each other and the matter relates to private dispute between the parties. The opposite party no.2 / complainant does not want to pursue the impugned proceedings. 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 complainant has not sustained any injury. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering
submissions of learned counsel for the parties and 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 summoning order, of the aforesaid complaint case, against applicants, namely, Sagufta Jainab, Afjal, Saleem, Gufran @ Guddu and Sahla Naz are hereby quashed.
10. The application - 528 BNSS is allowed.
Order Date :- 8.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad