SHARAFAT AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/21400/2025 · 2025-08-13
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34167 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34167 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:139435 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21400 of 2025 Applicant :- Sharafat And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- Brijesh Kumar Pandey,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 to 4 and learned AGA for the State.
2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge Sheet No.65 of 2013 dated 23.05.2013 in Session Trial No. 162 of 2015, arising out of Case Crime No. 102 / 2013, under Sections 308, 323, 504 Indian Penal Code, Police Station- Mandi Dhanaura, District- J.P.Nagar (Amroha) (State Versus Sharafat and others) pending in the court of Additional District and Session Judge / Special Judge (POCSO) Court No.3, J.P. Nagar, (Amroha) in terms of compromise dated 19.09.2020, so that justice may be done. It may further be pleased to stay the further proceeding of Charge Sheet No.65 of 2013 dated 23.05.2013 in Session Trial No. 162 of 2015, arising out of Case Crime No. 102/2013, under Sections 308, 323, 504 Indian Penal Code, Police Station- Mandi Dhanaura, District- J.P. Nagar (Amroha) (State Versus Sharafat and others), pending in the court of Additional District and Session Judge / Special Judge (POCSO) Court No.3, J.P. Nagar (Amroha), in terms of compromise dated 19.09.2020, or pass such other and further
order as this Hon'ble Court may deem fit and proper in the circumstances of the case."
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 and the injured do not want to pursue the impugned proceedings. In the alleged incident the injured has not sustained any serious injury. 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 the opposite party nos.2 to 4 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 and the injured do 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 and the injured do 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 aforesaid 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, of the aforesaid case against applicants, namely, Sharafat, Nasir Hussain, Najir & Nazish are hereby quashed.
9. The application u/s 528 BNSS is allowed.
Order Date :- 14.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad