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2025 DAILYLAW 67045 (ALL)

ASHSH GUPTA ALIAS ASHISH SHIVHARE AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/21075/2025 · 2025-08-12

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137864 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21075 of 2025 Applicant :- Ashish Gupta Alias Ashish Shivhare And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajiv Kumar Mishra,Sandeep Singh Counsel for Opposite Party :- Anand Kumar Mishra,G.A.,Shashi Kant Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 & 3 and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of case no. 689/2015 (State Vs. Jawahar and others), having case crime по. 365 of 2015 u/s 147, 148, 149, 452, 323, 504, 506 1.P.C. P.S. Ata, District- Jalaun, pending before the learned Judicial Magistrate Kalpi, Jalaun. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Impugned Cognizance order dated 06.07.15, passed by the learned Judicial Magistrate Kalpi, Jalaun in case no. 689/2015 (State Vs. Jawahar and others), having case crime no. 365 of 2015 u/s 147, 148, 149, 452, 323, 504, 506 I.P.C., P.S. Ata, District- Jalaun, pending before the learned Judicial Magistrate Kalpi, Jalaun. And/Or to pass any order which this Hon'ble Court may deem fit and proper in the circumstances of the case." 3. 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 and the injured do not want to pursue the impugned proceedings. In the alleged incident the informant and the injured have not sustained any serious injury. In pursuance to order dated 01.08.2024, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 23.08.2024, 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 nos.2 & 3 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 and the injured do not want to proceed with the case pending before the trial court 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, 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 and the injured do 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. 8. In view of the aforesaid, entire impugned proceedings, including cognizance / summoning order, of the aforesaid case against applicants, namely, Ashish Gupta @ Ashish Shivhare, Narayan, Anil & Jawahar are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 13.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad