KAVINDER SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15014/2025 · 2025-07-20
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51183 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118994 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15014 of 2025 Applicant :- Kavinder Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed on behalf of the applicants is taken on record. 2. Heard learned counsel for the applicants and learned AGA for the State. 3. 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 of Case No. 18913 of 2024 (State of U.P. v. Smt. Balesh Devi & Others), arising out of Case Crime No. 803 of 2019, under Sections 420, 467, 468, 471, 120-B of I.P.C., Police Station- Kankerkheda, District Meerut, pending in the Court of Chief Judicial Magistrate, Meerut, on the basis of compromise arrived at between the parties. 4. 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 of the case does not want to pursue the impugned proceedings. The dispute between the parties relates to property. In pursuance to order dated 20.05.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 19.06.2025 the certified copy of the same is available on record. It was submitted that in view of aforesaid 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 by invoking inherent powers enshrined under Section 528 BNSS. In the instant case, the matter relates to property between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case does not want to pursue the impugned proceedings. 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 the aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Kavinder Singh, Smt. Balesh Devi, Abhishek and Wasim Khan are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 21.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad