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2025 DAILYLAW 51875 (ALL)

SHYAM SUNDER AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15306/2025 · 2025-05-15

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81259 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15306 of 2025 Applicant :- Shyam Sunder And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ijamamul Hak,Parvez Alam 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. 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 18.10.2006, of complaint case No. 281 of 2018, (Old No. 51/2006), under Section 380 IPC, P.S. Shergarh, District Mathura, pending in the court of J.M., Chhata, Mathura, on the basis of compromise arrived at between the parties. 3. 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 opposite party No. 2 does not want to pursue the impugned proceedings against the applicants. It was submitted that in pursuance of the order dated 23.08.2023 passed by this Court in Application u/s 482 No. 17907 of 2007, the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which has been annexed along with 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 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 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. 7. In view of the aforesaid, the impugned proceedings, including summoning order dated 18.10.2006, of the aforesaid complaint case against applicants, namely Shyam Sunder, Harcharan and Jhaddi are hereby quashed. 8. The application under Section 528 BNSS is hereby allowed. Order Date :- 16.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad