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2025 DAILYLAW 30379 (ALL)

MAKSOOD KHAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8729/2025 · 2025-05-06

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74044 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8729 of 2025 Applicant :- Maksood Khan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 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 charge-sheet dated 28.01.2024 and cognizance / summoning order dated 03.04.2024, of Case No. 322 of 2024 (State Vs. Maksood Khan and Others), arising out of Case Crime No. 16 of 2024, under Sections - 323, 504, 147 I.P.C., Police Station - Qilla, District - Bareilly, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Bareilly, on the basis of compromise arrived at between the parties. 3. It is submitted by 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 compromised the case. In the alleged incident, no one has sustained any injury. Both the parties are members of one and same extended family. In pursuance to the order of this Court, the compromise has already been verified by the Trial Court concerned. 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 A.G.A. has no objection if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant matter, it appears that dispute between the parties is private in nature and 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 informant has not sustained any injury. The compromise filed by the parties before the Trial Court, has already been verified by the court concerned. Considering submissions of learned counsel for the parties and facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 7. In view of the aforesaid, entire impugned proceedings, including charge-sheet and cognizance / summoning order, of the aforesaid case, against applicants, namely, Maksood Khan, Farmood Beg, Mohd. Arif Khan, Mobin Khan @ Guddu Rana Mobin and Tasleem are hereby quashed. 8. The application u/s 528 BNSS is allowed. Order Date :- 7.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad