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2025 DAILYLAW 65697 (ALL)

ASLAM AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/19995/2025 · 2025-08-25

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19995 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Ankit Agarwal, learned counsel for the applicants, Shri B.P. Maurya, learned AGA for the State. 2. This application U/S 528 BNSS has been preferred for quashing of the entire proceedings, including summoning order dated 19.09.2024 as well as entire proceedings of Criminal Case No.19497 of 2024 (State Vs. Aslam and another), arising out of Case Crime No.82 of 2024, under Sections 308, 323, 504, 506 IPC, P.S. Charthawal, District Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Muzaffar Nagar, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that the dispute between the parties is civil dispute and during mediation, both the parties have amicably settled all the disputes and they have agreed for withdrawal of all cases, including present case, pending between the parties. All the conditions of mediation have been complied with. It was submitted that the complainant does not want to pursue the impugned proceedings. 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. 4. Learned counsel for the applicants further submits that the above compromise hasbeen filed pursuant to the direction issued by this Court vide order dated 06.03.2025 passed in Application U/s 528 BNSS No.6468 of Versus Counsel for Applicant(s) : Ankit Agarval, Ankur Tyagi Counsel for Opposite Party(s) : G.A. Aslam And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 2025 (Aslam and another Vs. State of U.P. and another). 5. 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 complainant/ opposite party no.2 does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed. 6. Learned A.G.A. has no objection if parties compromise the matter. 7. I have considered the submissions and perused the record. 8. This Court vide order dated 06.03.2025 passed in Application U/s 528 BNSS No.6468 of 2025 (Aslam and another Vs. State of U.P. and another) passed the following order, which reads as under:- " 6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in charge sheet dated 21.06.2024 and cognizance order dated 19.09.2024 passed by Addl. Chief Judicial Magistrate, court no.2 in Criminal Case No. 19497 of 2024 (State vs. Aslam and another) arising out of case crime no.82 of 2024, under Sections 308, 323, 504, 506 IPC P.S. Charthawal District Muzaffarnagar pending in the Court of Additional Chief Judicial Magistrate, court no.2 Muzaffarnagar. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise." 9. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to civil dispute and it was submitted that both the parties have settled all the disputes and compromised the matter. The dispute between the parties is civil in nature and it was submitted on behalf of both the parties that impugned proceedings may be quashed on the basis of compromise between the parties. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The counter affidavit of opposite party no.2 is also on record, wherein it has been stated that the impugned proceedings may be quashed. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. NA528 No. 19995 of 2025 2 10. In view of the aforesaid, the impugned charge-sheets/cognizance- summoning order and entire proceedings of Case Crime No.273 of 2023 (State Vs. Kamlesh Yadav and others), under Sections 147, 323, 504, 506 IPC, P.S. Shivpur, District Varanasi, pending in the court of Additional Chief Judicial Magistrate-VII, Varanasi, against applicants, are hereby quashed. 11. The application u/s 482 Cr.P.C. is allowed. August 26, 2025 RKM NA528 No. 19995 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad