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2025 DAILYLAW 58772 (ALL)

CHANDRA SHEKHAR PANDEY AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/17293/2025 · 2025-07-24

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123760 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17293 of 2025 Applicant :- Chandra Shekhar Pandey And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.,Shireesh Kumar Mishra 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 filed with the prayer to quash the charge-sheet dated 15.06.2024 as well as cognizance / summoning order dated 24.12.2024, of Case Crime No. 36 of 2024, under Sections 504, 452, 506, 427 of IPC, P.S.- Karchhana, District- Prayagraj, (State v. Chandra Shekhar Pandey and others), pending in the court of A.C.J.M.-VIII, Allahabad, on the basis of compromise arrived at between the parties. 3. 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 victim do not want to pursue the impugned proceedings. The matter relates to private dispute between the parties. In pursuance of order dated 07.03.2025, passed by this Court in Application U/S 528 BNSS No. 4050 of 2025, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 03.04.2025, 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. 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 and victim 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, the matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and the victim do not want to pursue the impugned proceedings. There is nothing to indicate that applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, the impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Chandra Shekhar Pandey and Uma Shankar Pandey are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 25.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad