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2025 DAILYLAW 67869 (ALL)

SHYAM AWADH YADAV AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/21837/2025 · 2025-08-21

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145514 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21837 of 2025 Applicant :- Shyam Awadh Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Sharma Counsel for Opposite Party :- Piyush Sinha, Vibhor Arora,G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings of Case No. 7998 of 2024 (State Vs. Arvind Yadav and Others), arising out of Case Crime No. 0006 of 2023, under Sections - 419, 420, 467, 468, 471 I.P.C., Police Station - Kandhrapur, District - Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Azamgarh, 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 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. 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 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. 9. In view of the aforesaid, entire impugned proceeding of the aforesaid case against applicants, namely, Shyam Awadh Yadav, Shyam Bali Yadav, Arvind Yadav and Harinath Yadav, are hereby quashed. 10. The application u/s 528 BNSS is allowed. Order Date :- 22.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad