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2025 DAILYLAW 58792 (ALL)

KALEEM AHMAD AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17578/2025 · 2025-08-17

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141523 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17578 of 2025 Applicant :- Kaleem Ahmad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Farha Naz Counsel for Opposite Party :- Aqeel Ahmad,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including charge-sheet dated 12.08.2021 as well as cognizance / summoning order dated 22.10.2021, of Criminal Case No. 9463 of 2021 (State v. Kaleem Ahmad and Others), arising out of Case Crime No. 98 of 2021, under Sections - 147, 148, 149, 323, 427, 504, 506, 352, 308 I.P.C., Police Station - Saraimeer, District - Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh, 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 the injured do not want to pursue the impugned proceedings. In the alleged incident, the injured has not sustained any serious injury. In pursuance to order dated 14.07.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 30.07.2025, 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 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 the injured 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 dispute between the parties is civil in nature. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and the injured 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. In view of these facts and circumstances, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Kaleem Ahmad, Faheem Ahmad, Saheem Ahmad, Suhel Ahmad, Saif, Ajeem and Khursheed Ahmad are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 18.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad