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2025 DAILYLAW 68625 (ALL)

SANDEEP AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/22276/2025 · 2025-09-02

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22276 of 2025 Court No. - 71 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 and learned AGA for the State. 3. This application under section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings of Session Trial No. 18 of 2015 (State Vs. Sandeep and Others), arising out of Case Crime No. 359 of 2014, under Sections - 307, 436 I.P.C., Police Station - Linepar, District - Firozabad, pending in the court of Additional District and Sessions Judge, Court No.5, Firozabad, on the basis of compromise arrived at between the parties. 4. 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. It was submitted that in the alleged incident injured persons have not sustained serious injury and that there is no supplementary medical report to show that injured persons have sustained any serious or dangerous injury. It was also pointed out that regarding Versus Counsel for Applicant(s) : Devesh Kumar Giri Counsel for Opposite Party(s) : G.A., Som Veer Sandeep And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the incident, both the parties have lodged case against each other. In pursuance to order dated 03.04.2025, passed by the co-ordinate Bench of this Court in Application under Section 482 No. 44323 of 2023 (Sandeep and 2 Others Vs. State of U.P. and 3 Others), both the parties have filed compromise before the Trial Court, which has duly been verified, the certified copy of the same is available 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, 3 and 4 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. 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 between the parties, by invoking inherent powers enshrined under Section - 528 BNSS. In the instant case the matter relates to private dispute between the parties. Though, normally criminal proceedings under Section - 307 I.P.C. cannot be quashed on the basis of compromise but in the instant matter it appears that the injured persons have not sustained any serious or dangerous injury and no case under Section 307 I.P.C. is made out against applicants. Both the parties have lodged cases against each other. In view of these facts and circumstances, it would not be just and proper to decline the prayer of quashing of proceedings merely because the charge-sheet has been submitted under Section 307 I.P.C.. If parties compromise the matter, it would not have adverse impact on society. The informant and injured of the case 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 NA528 No. 22276 of 2025 2 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 proceedings of the aforesaid case, against applicants, namely, Sandeep and Pramod are hereby quashed. 10. The application under Section - 528 BNSS is allowed. September 3, 2025 S Rawat NA528 No. 22276 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad