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2025 DAILYLAW 29210 (ALL)

MANOJ KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8229/2025 · 2025-05-04

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71633 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8229 of 2025 Applicant :- Manoj Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Singh Counsel for Opposite Party :- Bhuvnesh Kumar Singh,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 preferred for quashing of the entire proceedings, including summoning order dated 20.01.2024, of Complaint Case No. 862 of 2018 (Old Case no.138 of 2013) (Satya Prakash Sharma Vs. Indrapal Sharma), under Sections 323, 392, 364 / 511, 504, 506 IPC, P.S. Dhampur, District Bijnor, pending in the court of Judicial Magistrate, Court No.3, Bijnor, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that essentially the matter relates to matrimonial dipsute and the opposite party no.2 / complainant is father-in-law of the sister of applicant no.1. Now both the parties have amicably settled the dispute and compromised the matter and the complainant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court, 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 /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 impugned proceedings pending before the trial court and the same 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. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. Though, applicants were also summoned for offence under Section 364 / 511 IPC but it appears that essentially matter pertains to matrimonial dispute. There is nothing to indicate that parties have any criminal antecedents. The complainant does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court, has already been verified by the court concerned. 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. 8. In view of the aforesaid, entire impugned proceedings, including summoning order, of the aforesaid complaint case, against applicants namely, Manoj Kumar, Kapil Kumar & Rupesh Sharma are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 5.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad