RAKESH KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12792/2025 · 2025-05-29
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42426 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42426 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93531 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12792 of 2025 Applicant :- Rakesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay Tiwari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Certified copy of the order dated 28.05.2025 filed by learned counsel for the applicants in Court today, is taken on record. 2. Heard learned counsel for the applicants and learned AGA for the State. 3. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including summoning order dated 15.02.2024, of complaint case No. 2711 of 2021, under Sections 323, 452, 504, 506 IPC, P.S. Gandhi Park, District Aligarh, pending in the court of C.J.M., Aligarh, on the basis of compromise arrived at between the parties. 4. It has been submitted by learned counsel for the applicants that the impugned complaint was lodged due to misconception and that the dispute between the parties is private in nature and now both the parties have amicably settled the dispute and compromised the matter. The complainant of the case does not want to pursue the impugned proceedings against the applicants. It was submitted that in pursuance of the order dated 17.04.2025 passed by this Court, the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which has been placed 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 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 between the parties. In the instant case it appears that the dispute between the parties is private in nature and it would not have any serious impact on society if parties compromise the matter. There is nothing to indicate that parties have any criminal antecedents. None of the party has sustained any injury.
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 aforesaid, the impugned proceedings, including summoning order dated 15.02.2024, of the aforesaid case against applicants, namely Rakesh Kumar, Ashok Kumar, Nand Kishor and Rajiv are hereby quashed. 9. The application under Section 528 BNSS is hereby allowed. Order Date :- 30.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad