AMIT KUMAR MISHRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8457/2025 · 2025-07-13
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29310 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29310 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:113336 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8457 of 2025 Applicant :- Amit Kumar Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta,Haidar Ali Counsel for Opposite Party :- Kailash Nath,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 of Session Trial No. 362 of 2018, (State v. Amit Kumar Mishra and others), arising out of Case Crime No. 926 of 2017, under Sections 323, 324, 307, 504 of I.P.C., Police Station- Sikrara, District Jaunpur, pending in the Court of Additional Session Judge, Ist, Jaunpur 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 the injured do not want to pursue the impugned proceedings. In the alleged incident, two persons have sustained injuries. In pursuance to order dated 24.03.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 02.05.2025, 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 the 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, two persons have sustained injuries. Though normally proceedings under Section 307 IPC cannot be quashed on the basis of compromise but it was submitted that except linear fracture in occipital region, no other serious injury was shown to the injured. Another injured- Ajay Kumar has not sustained any grievous injury. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and the injured do not want to pursue the impugned proceedings. There is nothing to indicate that applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. In view of these facts and
circumstances, 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, Amit Kumar Mishra, Anil Kumar Mishra, Arun Kumar Mishra and Brijbhushan Mishra are hereby quashed. 10. The application u/s 528 BNSS is allowed. Order Date :- 14.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad