SUDHIR KUMAR GOYAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10020/2025 · 2025-08-03
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33098 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33098 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131321 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10020 of 2025 Applicant :- Sudhir Kumar Goyal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- Sharangpani Vikramdhar Dwivedi,G.A. Hon'ble Raj Beer Singh,J.
1. Certified copy of compromise verification report filed today in Court is taken on record. 2. Heard learned counsel for the applicants, learned AGA for the State and learned counsel appearing for opposite party no. 2. 3. This application under Section 528 BNSS has been preferred for quashing of the entire proceedings of Case No. 6624 of 2024 (State v. Sudhir Kumar Goyal and Others), arising out of Case Crime No. 09 of 2024, under Sections 420, 120-B of IPC, Police Station- Kotwali Dehat, District- Bulandshahar, pending in the Chief Judicial Magistrate, Bulandshahr, on the basis of compromise arrived at between the parties. 4. It has been 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 the informant of the case does not want to pursue the impugned proceedings. In the alleged incident, the dispute between the parties relates to property. In pursuance to order dated 03.04.2025, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 23.06.2025, 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. It was also stated that applicant no. 1 - Sudhir Kumar Goyal and applicant no. 2- Rakhi Goyal are in judicial custody in this case. 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 dispute between the parties relates to property and payment of money, which is private in nature. 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 applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering 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, Sudhir Kumar Goyal, Rakhi Goyal, Jai Prakash and Jai Singh are hereby quashed. 10. As the applicant no. 1 - Sudhir Kumar Goyal and applicant no. 2- Rakhi Goyal are stated to be in judicial custody in this case, thus, it is directed that if not wanted in any other case, they shall be released from judicial custody in this case forthwith. 11. With the aforesaid, the application u/s 528 BNSS is allowed. Order Date :- 4.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad