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2025 DAILYLAW 51105 (ALL)

UMARDARAJ AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/23270/2025 · 2025-08-31

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23270 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including charge-sheet dated 08.10.2020 as well as cognizance / summoning order dated 03.09.2021, of Case No. 619 of 2021 (State Vs. Umardaraj and others), arising out of Case Crime No.251 of 2018, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, P.S.- Sikandrabad, District- Bulandshahr, pending in the court of C.J.M., Bulandshahr, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant / injured does not want to pursue the impugned proceedings. In the alleged incident, the injured has not sustained any serious injury. 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 Versus Counsel for Applicant(s) : Mohammad Zakir Counsel for Opposite Party(s) : G.A. Umardaraj And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) under Section 528 BNSS. Though, normally criminal proceedings under Section 307 IPC cannot be quashed on the basis of compromise but in the instant matter it appears that informant / injured has not sustained any serious injury and no offence under Section 307 IPC is made out against the applicants. In view of these facts and circumstances, it would not be just and proper to decline the quashing of proceedings merely because the charge- sheet has been submitted under Section 307 IPC. 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 applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering aforesaid 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, Umardaraj, Sartaj, Chunnu @ Chhunnu & Imran are hereby quashed. 8. The application u/s 528 BNSS is allowed. September 1, 2025 'SP'/- NA528 No. 23270 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad