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Neutral Citation No. - 2025:AHC:142841 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 20102 of 2025 Applicant :- Chetan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bipin Kumar Counsel for Opposite Party :- Apoorva Vyas,G.A.,Rajiv Kumar Pandey Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, 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 entire proceedings, including charge-sheet dated 8.10.2022 as well as cognizance order dated 18.11.2022, of Case No. 6325 of 2022 (State Vs. Chetan), arising out of Case Crime No. 0285 of 2022, under Sections 363, 366 I.P.C., Police Station- Kotwali Nagar, District- Aligarh, pending in the court of pending in the Court of District & Sessions Judge/F.T.C.-III, Aligarh, on the basis of compromise arrived at between the parties. 3. It has been submitted by the learned counsel for the applicant that applicant and daughter of opposite party no. 2 have performed love marriage but the opposite party no. 2 has lodged First Information Report under Sections 363, 366 IPC. Now both the parties have amicably settled the dispute and compromised the case. Victim has not made any allegation against the applicant and that now victim and applicant are residing together as husband and wife. In pursuance of order dated 24.06.2025, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 25.07.2025, 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 applicant and submitted that both the parties have amicably settled the dispute and compromised the matter. The applicant and the victim are residing together as husband and wife 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 it appears that the opposite party no. 2 (mother of victim) has lodged First Information Report against the applicant under Sections 363, 366 IPC with the allegation that applicant has enticed away her daughter. Victim is stated to be a major girl. It was submitted that applicant and victim have married with each other and they are leading a happy married life. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that applicant has any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the 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 entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicant, namely, Chetan are hereby quashed.
9. The application u/s 528 BNSS is allowed.
Order Date :- 20.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad