Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71612 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9318 of 2025 Applicant :- Ajay Pratap Saini Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Nirbhaya Kumar Mishra,Santosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State. 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 05.11.2022 as well as order dated 24.10.2024, of Complaint Case No. 20964 of 2023 (Ajay Pratap Saini Vs. Pooja Sharma and others), under Sections 379, 384, 323, 504, 506 IPC, P.S. Bahadrabad, District Haridwar, Uttarakhand, pending in the court of Chief Judicial Magistrate, Ghaziabad, on the basis of compromise arrived at between the parties. 4. It has been submitted by learned counsel for the applicant that the applicant is complainant of the aforesaid case and he is husband of opposite party no.2 and remaining private opposite parties are family members of opposite party no.2. The matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the applicant / complainant 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. 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. There is nothing to indicate that parties have any criminal antecedents. The complainant / applicant 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 opposite party nos.2 to 7, namely, Smt. Pooja Sharma, Suresh Kumar Sharma, Smt. Poonam Sharma, Gaurav Kaushik, Smt. Megha Kaushik & Hemant 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