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2025 DAILYLAW 61420 (ALL)

SANDEEP KUMAR TYAGI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/19041/2025 · 2025-08-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141547 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19041 of 2025 Applicant :- Sandeep Kumar Tyagi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanjaanan Pyare Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. 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 13.05.2023 as well as cognizance / summoning order dated 24.01.2024, of S.T. No. 809 of 2024 (State Vs. Sandeep Kumar Tyagi and 4 Others), arising out of Case Crime No. 0083 of 2023, under Sections - 147, 307, 323, 341, 427, 114 I.P.C., Police Station - Madhuban Bapudham, District - City Commissionerate Ghaziabad, pending in the court of Sessions Judge, Ghaziabad, 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 does not want to pursue the impugned proceedings. In the alleged incident the informant / injured has not sustained any serious injury. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these 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 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. Though, normally criminal proceedings under Section - 307 I.P.C. cannot be quashed on the basis of compromise but in the instant matter it appears that informant / injured has not sustained any serious injury and no case under Section - 307 I.P.C. is made out against the applicants. In view of these facts and circumstances, it would not be just and proper to decline the prayer of quashing of proceedings merely because the charge-sheet has been submitted under Section - 307 I.P.C. If parties compromise the matter, it would not have adverse impact on society. 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, entire impugned proceedings, including charge-sheet and cognizance / summoning order, of the aforesaid case, against applicants, namely, Sandeep Kumar Tyagi, Praveen Kumar Tyagi, Sahil @ Suhel Malik, Neeraj Kumar @ Suraj and Poonam Tyagi, are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 19.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad