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2025 DAILYLAW 67405 (ALL)

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

NA528/21398/2025 · 2025-08-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139453 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21398 of 2025 Applicant :- Asharaf And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Mishra Counsel for Opposite Party :- Himanshu Tiwari,G.A.,Isarat Ali Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, 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 seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash the entire proceeding, including the Non Bailable warrant dated 19.02.2015 as well as proceeding of under Sections 82 & 83 dated 27.02.2024 & 19.04.2024 against the applicant no.1 as well as to quash the charge sheet dated 23.09.2006 and the learned court below has taken cognizance / summoning order dated 21.11.2006 in New Case No.665 of 2023 (Old Case no.868 of 2006) (State Versus Ashraf and others), registered with N.C.R. no.95 of 2006, under Sections 323, 504 I.P.C., Police Station Ghoorpur, District Prayagraj, pending before Special Judicial Magistrate-IV, Prayagraj on the basis of compromise dated 05.06.2025. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further, including the Non-Bailable Wararnt dated 19.02.2015 as well as proceeding of under Sections 82 & 83 dated 27.02.2024 and 19.04.2024 against the applicant no.1 as well as to quash the charge sheet dated 23.09.2006 and learned court below has taken cognizance/ summoning order dated 21.11.2006 in New Case no.665 of 2023 (Old Case no.868 of 2006) (State Vs. Ashraf and others), registered with N.C.R. no.95 of 2006, under Sections 323, 504 I.P.C., Police Station Ghoorpur, District Prayagraj, pending before Special Judicial Magistrate-IV Prayagraj on the basis of compromise dated 05.06.2025, otherwise the applicant shall suffer irreparable loss and injury. And / or pass such other and further orders which this Hon'ble 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 does not want to pursue the impugned proceedings. In the alleged incident the informant / injured has not sustained any serious injury. 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. 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 informant / injured does 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 / injured 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 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, entire impugned proceedings, including charge-sheet as well as cognizance / summoning order and orders dated 19.02.2015, 27.02.2024 & 19.04.2024, of the aforesaid case against applicants, namely, Asharaf, T.T. & Aavesh are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 14.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad