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Neutral Citation No. - 2025:AHC:101940 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12143 of 2025 Applicant :- Himanshu Agrawal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Shukla,Pt. S.P. Sharma Counsel for Opposite Party :- Aditya Dwivedi,Archana Maurya,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 15.01.2024 as well as cognizance / summoning order dated 26.06.2024, of Case No. 33377 of 2024 (State v. Himanshu and others), arising out of Case Crime No. 1826 of 2023, under Sections 323, 504, 364 IPC, P.S.- Indrapuram, District- Tanshindan (Commissionerate Ghaziabad), pending in the court of learned Chief Judicial Magistrate, Ghaziabad, on the basis of compromise arrived at between the parties. 3. It is submitted by learned counsel for applicants that both the parties are students and there was some money related dispute between the parties. Now, both the parties have amicably settled the dispute and compromised the case. In pursuance of the order dated 07.02.2025 passed by this Court in Application U/S 482 CrPC No.2182 of 2025, both the parties have filed compromise before the trial court, which has been duly verified vide order dated 11.03.2025. The certified copy of report of verification is already on record. It was submitted that in view of these facts and circumstances, no useful purpose would be served by keeping the
impugned proceedings pending and thus, the same may be quashed on the basis of compromise arrived at between the parties. 4. 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. 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 abduction of informant's brother. Both the parties are stated to be students and there was some money related disputed between them. If parties compromise the matter, it would not have adverse impact on society. The informant and the victim of the case do 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, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Himanshu Agrawal,
Amrish Patel, Saksham Srivastav, Aryan Agrawal, Anuj Mishra and Prasun Shivhare are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 1.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad