TINKU ALIAS RAGHUVEER AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
NA528/17572/2025 · 2025-07-13
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57509 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57509 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:112258 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17572 of 2025 Applicant :- Tinku Alias Raghuveer And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kalp Dev Mishra Counsel for Opposite Party :- G.A.,Suneel Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.
2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, of Case No. 1961 of 2024 (State Vs. Tinku @ Raghuveer and Others), arising out of Case Crime No. 566 of 2023, under Sections - 323, 504, 506, 308 I.P.C., Police Station - Bhuta, District - Bareilly, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Bareilly, on the basis of compromise arrived at between the parties.
3. It is submitted by 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. The informant and injured of the case do not want to pursue the impugned proceedings. The informant and injured have not sustained any serious injury. In pursuance to order dated 11.02.2025, passed by the co-ordinate Bench of this Court in Application u/s 482 No. 3282 of 2025, 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.
4. Learned counsel for opposite party No. 2 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 and injured of the case do not want to proceed with the case pending before the Trial court and thus, the impugned proceedings 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 by invoking inherent powers enshrined under Section - 528 BNSS. In the instant case, both the parties are residents of the same village and incident took place at spur of moment. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and injured do not want to pursue the impugned proceedings. 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.
8. In view of the aforesaid, entire impugned proceedings, of the aforesaid case, against applicants, namely, Tinku @ Raghuveer, Pawan Kumar and Mohan Lal, are hereby quashed.
9. The application u/s 528 BNSS is allowed.
Order Date :- 14.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad