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2025 DAILYLAW 34669 (ALL)

PRASHANT RAIZADA AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/12706/2025 · 2025-05-14

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79908 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12706 of 2025 Applicant :- Prashant Raizada And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prakhar Shukla,Ramesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing of the entire proceedings of Case No. 2239 of 2016 (Dilip Kumar Saxena Vs. Prashant Raizada and others), under Sections 323, 504, 506 IPC, P.S. Indirapuram, District Ghaziabad, pending in the court of Additional Civil Judge (J.D.)-V, Ghaziabad, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that applicant no. 1 is husband of opposite party no.3 and remaining applicants are family members of applicant no. 1 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the complainant of the case does not want to pursue the impugned proceedings. In pursuance to order dated 28.06.2024 passed by co- ordinate Bench of this Court in application under Section 482 Cr.P.C. No.12194 of 2024, both the parties have filed compromise before the trial Court concerned, which has duly been verified. 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 A.G.A. has no objection if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. 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 the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 7. In view of the aforesaid, entire impugned proceedings of the aforesaid case, against applicants namely, Prashant Raizada, Pramod Kumar Raizada, Kanchan Raizada & Smt. Shruti Saxena are hereby quashed. 8. The application u/s 528 BNSS is allowed. Order Date :- 15.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad