ANIL YADAV AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10011/2025 · 2025-05-05
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33877 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33877 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72854 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10011 of 2025 Applicant :- Anil Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Tripathi Counsel for Opposite Party :- G.A.,Kedar Nath Mishra 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 preferred for quashing of the entire proceedings of Session Trial No. 127 of 2017, arising out of Case Crime No.195 of 2015 (State Vs. Anil Yadav and Others), under Sections 147, 149, 323, 324, 452, 504, 506, 308 IPC, P.S. Rampur Karkhana, District Deoria, pending in the court of Additional Sessions Judge / F.T.C., Court No.1, Deoria, 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 complainant of the case does not want to pursue the impugned proceedings. In the alleged incident no one has sustained any serious injury. Both the parties belong to the same locality. 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 /complainant 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 complainant 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. 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. Both the parties are residents of same locality. 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 of the aforesaid case, against applicants, namely, Anil Yadav, Prabhu Nath Yadav, Satendra Yadav, Smt. Gangotri Devi & Rima Devi are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 6.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad