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Neutral Citation No. - 2025:AHC:109609 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8299 of 2025 Applicant :- Rajeev Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- Amitesh Kumar Srivastava,G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record.
2. Heard learned counsel for the applicant, 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, including charge-sheet dated 18.02.2019 as well as cognizance order dated 21.02.2019, of Case No. 12470 of 2023 (State v. Rajeev Kumar), arising out of Case Crime No. 287 of 2018, under Sections 420, 467, 468, 471, 120-B of IPC, P.S.- Chilkana, District- Saharanpur, pending in the court of Judicial Magistrate-II, Saharanpur, on the basis of compromise arrived at between the parties.
4. It has been argued by the learned counsel for the applicant that First Information Report of this case was lodged by the opposite party no.2 due to misconception and that now both the parties have amicably settled the dispute and compromised the case. Essentially, the dispute relates to payment of money, which is civil in nature and the informant of the case does not want to pursue the impugned proceedings. In pursuance of order dated 24.03.2025, passed by this Court, both the parties have filed compromise
before the court concerned, which has duly been verified vide
order dated 01.04.2025, 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 applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant of this case 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, essentially the dispute relates to payment of money between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. 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, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicant, namely, Rajeev Kumar are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 9.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad