GULAM AKBAR AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
NA528/17570/2025 · 2025-07-20
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57993 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57993 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119060 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17570 of 2025 Applicant :- Gulam Akbar And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Krishna Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Shri Gyan Babu Pal, Advocate has filed Vakalatnama on behalf of opposite party nos.2 and 3 today in Court, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 & 3 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/ further proceedings, including charge-sheet dated 23.12.2011, of Case No. 5959 of 2013 (State v. Gulam Akbar and others) arising out of Case Crime/ F.I.R. No. 559 of 2011, under Sections 323, 406, 504, 506 I.P.C., Police Station- Vindhyachal, District- Mirzapur, pending in the court of C.J.M.-Ist Class, District- Mirzapur, 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 and injured do not want to pursue the impugned proceedings. In the alleged incident, the dispute relates to payment of money and no one has sustained any serious injury. In pursuance of order dated 12.01.2024 passed by this Court in Application u/s 482 CrPC No. 47088 of 2023, both
the parties have filed compromise before the trial court, which has duly been verified vide order dated 13.03.2024, 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 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 and the injured do not want to proceed with the case pending before the trial court and thus, 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 case, the dispute between the parties relates to payment of money and no one has sustained any serious injury. 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. 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. 9. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Gulam Akbar, Tahir and Ali Husain are hereby quashed. 10. 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