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2025 DAILYLAW 54540 (ALL)

ABDUL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15847/2025 · 2025-07-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106778 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15847 of 2025 Applicant :- Abdul And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Mishra,Sanjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Sri J.B. Singh, Advocate has filed Vakalatnama on behalf of opposite party no.2 / informant, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 / informant, learned A.G.A. for the State and perused the record.. 3. This application u/s 528 BNSS has been preferred for quashing of the entire proceedings, including charge sheet dated 29.09.2022 as well as cognizance / summoning order dated 21.04.2023, of Case No. 6071 of 2023 (State Vs. Ishak and Others), arising out of Case Crime No. 1105 of 2020, under Sections - 420, 467, 468, 471, 506, 120-B IPC, Police Station - Loni, District - Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Ghaziabad, on the basis of compromise arrived at between the parties. 4. It is submitted by learned counsel for the applicants that essentially the dispute between the parties relates to property, which is private in nature and that now both the parties have amicably settled the dispute and compromised the matter. In pursuance to order dated 07.08.2023, passed by this Court in Application u/s 482 No. 27340 of 2023 (Abdul and Another Vs. State of U.P. and Another), both the parties have filed compromise before the trial Court, which has duly been verified, copy of which 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 counsel for the opposite party no.2 / informant has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant does not want to proceed with the case pending before the Trial court and the impugned proceedings may be quashed. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8. 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 matter essentially the dispute between the parties relates to property, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. 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. 9. In view of the aforesaid entire impugned proceedings, including charge-sheet and cognizance / summoning order, of the aforesaid case, against applicants, namely, Abdul and Ishak, are hereby quashed. 10. The application u/s 482 Cr.P.C. is allowed. Order Date :- 8.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad