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2025 DAILYLAW 30709 (ALL)

SALEEM ALIAS MUNNA KURAISHI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9041/2025 · 2025-07-10

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111550 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9041 of 2025 Applicant :- Saleem Alias Munna Kuraishi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- Devendra Kumar Tiwari,G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for 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 for quashing of the entire proceedings, including charge-sheet dated 15.10.2020 as well as cognizance / summoning order dated 04.12.2020, of Case No. 673 of 2020 (State Vs. Saleem Alias Munna and another), arising out of Case Crime No.192 of 2020, under Sections 452, 504 IPC, P.S.- Kila, District- Bareilly, pending in the court of A.C.J.M.-IIIrd, Bareilly, on the basis of compromise arrived at between the parties. 4. It has been argued by the learned counsel for the applicants that the matter relates to private dispute between the parties and that now both the parties have amicably settled the dispute and compromised the matter. The informant of the case does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, 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 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 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, the matter relates to private dispute 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, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Saleem @ Munna Kuraishi & Saida Akhtar are hereby quashed. 10. The application u/s 528 BNSS is allowed. Order Date :- 11.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad