ROHIT ADHANA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/21186/2025 · 2025-08-19
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66764 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66764 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142894 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21186 of 2025 Applicant :- Rohit Adhana And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Singh Counsel for Opposite Party :- G.A.,Shivali Tripathi,Vaibhav Tripathi Hon'ble Raj Beer Singh,J.
1. Supplementary affidavit filed by learned counsel for the applicants is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
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 03.02.2021 as well as cognizance / summoning order dated 23.03.2021, of Case No. 2465 of 2021 (State Vs. Abid and others), arising out of Case Crime No.945 of 2020, under Sections 457, 380, 411 IPC, P.S.- Sikandrabad, District- Bulandshahr, pending in the court of C.J.M., Bulandshahr, on the basis of compromise arrived at between the parties.
4. It has been argued by the learned counsel for the applicants that the matter relates to private dispute between the parties 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. The entire due amount of informant company has been paid. 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 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 informant does not want to proceed with the case pending before the trial court and thus, 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. 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. It was submitted on behalf of both the parties that entire stolen amount of informant company has been paid back to the informant. The matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case does not want to pursue the impugned proceedings. 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 facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.
9. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Rohit Adhana, Jagdish & Abid Ali are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 20.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad