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2025 DAILYLAW 29612 (ALL)

IKRAR KHAN ALIAS IKRAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/8388/2025 · 2025-07-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113113 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8388 of 2025 Applicant :- Ikrar Khan Alias Ikrar And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- Saurabh Kumar,G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of the applicants 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 criminal proceedings, including charge-sheet dated 28.12.2024 as well as cognizance / summoning order dated 10.02.2025, of Criminal Case No. 145 of 2025, arising out of Case Crime No. 186 of 2024, under Sections 323, 504, 506, 354-A, 354- B of I.P.C., Police Station- Chhatari, District Bulandshahr, pending in the Court of Additional Civil Judge (Junior Division)/ Judicial Magistrate, Khurja, Bulandshahr, 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 victim do not want to pursue the impugned proceedings. 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 16.04.2025, 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 applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and the victim 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 it appears that the dispute between the parties is private in nature. If parties compromise the matter, it would not have adverse impact on society. The victim is a major lady. The informant of the case and the victim 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 the aforesaid 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 applicants, namely, Ikrar Khan @ Ikrar and Sageer 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 Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad