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2025 DAILYLAW 31668 (ALL)

MAHESH PRATAP SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9146/2025 · 2025-07-10

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111749 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9146 of 2025 Applicant :- Mahesh Pratap Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zulekha Begum Counsel for Opposite Party :- Neetu Pal,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party No. 2 / informant and learned AGA for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 17.07.2021 and cognizance / summoning order dated 19.03.2024, of Case No. 8224 of 2024, arising out of Case Crime No. 406 of 2021, under Sections 323, 504, 506 I.P.C., Police Station- Kotwali, District Fatehpur, pending in the Court of Chief Judicial Magistrate, Fatehpur, on the basis of compromise arrived at between the parties. 3. 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 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. 4. Learned counsel for opposite party No. 2 / informant 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 of the case does not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 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 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. 8. In view of the aforesaid, entire impugned proceedings, including charge-sheet dated 17.07.2021 and cognizance / summoning order dated 19.03.2024, of the aforesaid case against applicants, namely, Mahesh Pratap Singh and Arun Singh are hereby quashed. 9. The application under Section 528 BNSS is accordingly allowed. Order Date :- 11.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad