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2025 DAILYLAW 55130 (ALL)

DEEPAK AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/16582/2025 · 2025-07-29

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127314 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16582 of 2025 Applicant :- Deepak And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.,Rajnish Kumar Verma,Vinay Kumar Singh Chandel Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 & 3 and learned AGA for the State. 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 charge-sheet dated 03.05.2017 & 17.10.2019 as well as summoning / cognizance order dated 11.11.2019, of S.T. No. 27 of 2020 (State Vs. Deepak and others), under Sections 307, 34 IPC, P.S. Niwari, District Ghaziabad, pending in the court of F.T.C., Court No.1, Ghaziabad, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that applicant no. 2 is father-in-law of brother of opposite party no. 2 / informant and remaining applicants are family members of applicant no. 2 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the informant of the case and the injured do not want to pursue the impugned proceedings. In the alleged incident, the injured has not sustained any serious injury. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court, 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 counsel for the opposite party nos.2 & 3 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 of the case and the injured do not want to proceed with the impugned proceedings pending before the trial court and the same may be quashed. 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. In the instant case essentially matter relates to matrimonial dispute, which is private in nature. 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 have not sustained any serious injury and no case 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 prayer of quashing of proceedings merely because the charge-sheet has been submitted under Section 307 IPC. 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 informant of the case and the injured do not want to pursue impugned proceedings against the applicants. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the 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-sheets & summoning order of the aforesaid case against applicants, namely, Deepak, Sarvesh & Manu are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 30.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad