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2025 DAILYLAW 41017 (ALL)

SANI THAKUR ALIAS VIVEK VIKRAM SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13055/2025 · 2025-07-08

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109168 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13055 of 2025 Applicant :- Sani Thakur Alias Vivek Vikram Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Singh 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 filed seeking following relief:- "It, is therefore, most respectfully prayed that this Hon'ble Court may kindly pleased to allow this application and to quash the impugned Charge Sheet No. 78/19 dated 12.05.2019 as well as cognizance / summoning order dated 06.07.2019, in Case No. 20275 of 2019 (State Vs. Sani Thakur), arising out of Case Crime No. 30 of 2019, under sections 394, 411 I.P.C. Police Station Kakadev, District Kanpur Nagar pending in the court of Additional Civil Judge (Junior Division) Ist, Kanpur Nagar, in view of compromise dated 22.03.2025. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of Case No. 20275 of 2019 (State Vs. Sani Thakur), arising out of Case Crime No. 30 of 2019, under sections 394, 411 I.P.C., Police Station Kakadev, District Kanpur Nagar, pending in the court of Additional Civil Judge (Junior Division) Ist, Kanpur Nagar in view of compromise dated 22.03.2025, otherwise the applicants shall suffer irreparable loss and injury. And / or grant such other and further relief, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 3. It has been argued by the learned counsel for the applicants that the 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 injured do not want to pursue the impugned proceedings. 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 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 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. 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. 7. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Sani Thakur @ Vivek Vikram Singh, Ranjit Thakur @ Ranjit Singh Jat & Vishnu Sharma are hereby quashed. 8. The application u/s 528 BNSS is allowed. Order Date :- 9.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad