MOHD AMIR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/23183/2025 · 2025-07-31
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63787 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63787 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129825 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23183 of 2025 Applicant :- Mohd Amir And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dan Bahadur Yadav Counsel for Opposite Party :- Anand Kumar Singh,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for applicants, learned counsel for opposite party no. 2 and the learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including charge-sheet dated 22.02.2021 and cognizance/ summoning order dated 10.03.2021, of Case No. 49287 of 2021 (State v. Mohd. Amir), arising out of Case Crime No. 15 of 2021, under Sections 323, 504, 506 IPC, P.S.- Bajaria, District- Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar. 3. It is submitted by learned counsel for the applicants that the opposite party no. 2 has lodged First Information Report under some misconception and now both the parties have amicably settled the dispute and compromised the case. In the alleged incident no one has sustained any grievous injury. The dispute between the parties is private in nature. It was submitted that 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 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. In the instant matter, applicants- accused have been summoned for offences under Sections 323, 504, 506 IPC, which are compoundable offences. It has been submitted by learned counsel for the applicants as well as by learned counsel for opposite party no. 2 that both the parties have amicably settled the dispute and compromised the case. It was also submitted that both the parties have already filed an application for compromise before the trial court concerned. As the offences are compoundable thus, the matter can be decided by the trial court itself. 8.
In view of the aforesaid, the trial court concerned is directed to consider and decide the compromise application filed by the parties expeditiously in accordance with law, preferably within a period of two months from the date of receipt of certified copy of this order. It is further directed that till disposal of compromise application, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the aforesaid direction/ observation, the application u/s 528 BNSS is disposed of. Order Date :- 1.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad