ARUN YADAV AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/22638/2025 · 2025-07-14
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68888 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68888 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:113955 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22638 of 2025 Applicant :- Arun Yadav And 6 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Farhan Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Sri Saqib Ahmad, Advocate has filed Vakalatnama on behalf of opposite party nos.2 to 4, which 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 u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including charge-sheet dated 07.07.2024 as well as cognizance / summoning order dated 25.09.2024, of Case No. 12734 of 2024 (State Vs. Arun Yadav and others), arising out of Case Crime No.241 of 2024, under Sections 147, 323, 427, 504, 506, 308 IPC, P.S.- Salempur, District- Deoria, pending in the court of Civil Judge (S.D.) / A.C.J.M., Court No.15, Deoria, 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. 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 nos.2 to 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 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.
9. In view of the aforesaid, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Arun Yadav, Bholu Yadav, Ankit Yadav, Shubham Singh @ Ankit, Vikas Gond, Pradeep Yadav @ Pratik Yadav & Samrat Srivastava are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 15.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad