VIKRAMA RAM AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/18043/2025 · 2025-07-14
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60778 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60778 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:114013 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18043 of 2025 Applicant :- Vikrama Ram And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Namit Srivastava Counsel for Opposite Party :- Ashok Kumar,G.A. 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. 1126 of 20198 (State vs. Vikrama Ram and 5 Others), arising out of Case Crime No. 109 of 2017, under Sections - 147, 436, 323, 504 IPC, Police Station - Baluwa, District - Chandauli, pending in the court of Judicial Magistrate / Civil Judge (Junior Division), F.T.C.-1, Chandauli, on the basis of compromise arrived at between the parties.
3. It is submitted by learned counsel for applicants that both the parties are residents of the same village and that alleged incident took place due to some misconception. Now both the parties have amicably settled the dispute and the informant and the injured of the case does not want to pursue the impugned proceedings. In the alleged incident, the informant and injured persons have not sustained any serious or grievous injury. In pursuance to order dated 20.05.2024, passed by the co-ordinate Bench of this Court in Application u/s 482 No. 7134 of 2024, 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 the opposite party no.2 / informant 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 persons of the case do not want to proceed with the case pending before the Trial court and 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 and the informant / injured has not sustained any serious or grievous injury. It was stated that in the alleged fire, no serious damage has taken place and both the parties have lodged cases against each other. Both the parties are residents of the same village. There is nothing to indicate that applicants have any criminal antecedents. The informant of the case and the injured do not want to proceed with the impugned case against the applicants. 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, entire impugned proceedings of the aforesaid case against applicants, namely, Vikrama Ram, Haridwar Ram, Jamuna Ram, Ram Bali Ram, Sita Ram @ Santosh Kumar and Brijesh Kumar, are hereby quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 15.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad