Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21744 of 2025 Court No. - 71 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 under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 21.10.2024 as well as cognizance
order dated 08.04.2025, of Case No. 585 of 2025 (State v. Shubham Mishra) arising out of Case Crime No. 0201 of 2024, under section 115(2), 351(2), 75(2), 76 B.N.S., 2023, Police Station Belaghat, District- Gorakhpur, pending in the court of Additional Civil Judge (J.D.) Judicial Magistrate, Basgaon, Gorakhpur, on the basis of compromise arrived at between the parties.
3. It has been argued by the learned counsel for the applicant 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 no one has sustained any injury. In pursuance of order dated 26.06.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 18.07.2025, 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 Versus Counsel for Applicant(s) : Vijai Kumar Tripathi Counsel for Opposite Party(s) : G.A., Rakesh Kumar Shubham Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
parties have amicably settled the dispute and compromised the matter and the informant and the victim 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 victim do not want to pursue the impugned proceedings. 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, Shubham Mishra are hereby quashed.
9. The application u/s 528 BNSS is allowed. August 28, 2025 Rama Kant NA528 No. 21744 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad