MANOJ KUMAR SONKAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/13630/2025 · 2025-05-06
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46639 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46639 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74206 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13630 of 2025 Applicant :- Manoj Kumar Sonkar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the mateial available on record. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing of the entire proceedings, including summoning order dated 13.06.2023, of Complaint Case No. 811 of 2023 (Suresh Chandra Rathor Vs. Manoj Kumar Sonkar and Others), under Sections - 406, 452, 504, 506 I.P.C., Police Station - Sachendi, District- Kanpur Nagar, pending in the court of Additional Civil Judge (S.D.), Court No.6, Kanpur Nagar, on the basis of compromise arrived at between the parties. 3. It is submitted by learned counsel for the applicants that dispute between the parties relates to business transaction and the entire dues of opposite party no.2/complainant have been paid by the applicants. Now both the parties have amicably settled the dispute and compromised the matter and complainant of the case does not want to pursue the impugned proceedings. In pursuance to order dated 17.09.2024, passed by the co-ordinate Bench of this Court in Application u/s - 482 No. 16762 of 2024 (Manoj Kumar Sonkar and Another Vs. State of U.P. and Another), both the parties have filed compromise before the Trial court concerned, which has duly been verified, copy of which is annexed as Annexure No.8 to the
affidavit filed in support of this application. 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 the parties compromised 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 the matter relates to business transaction between the parties, which is private in nature. If parties compromise the matter, it would not have adverse impact on society.
The complainant of the case does 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. 7. In view of the aforesaid, entire impugned proceedings, including summoning order, of the aforesaid complaint case against applicants, namely, Manoj Kumar Sonkar and Pandhari Sonkar are hereby quashed. 8. The application under Section - 528 BNSS is allowed. Order Date :- 7.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad