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2025 DAILYLAW 68954 (ALL)

BASIR KHAN AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/22555/2025 · 2025-07-06

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106449 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22555 of 2025 Applicant :- Basir Khan And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings of Case No. 190 of 2018 (State Vs. Basir Khan and others), arising out of Case Crime No.614 of 2017, under Sections 452, 323, 506 IPC, P.S.- Govind Nagar, District- Mathura, pending in the court of Judicial Magistrate, Court No.2, Mathura, on the basis of compromise arrived at between the parties. 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 and injured do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any serious injury. In pursuance to order dated 01.05.2025, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 20.05.2025, 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 A.G.A. has no objection if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. 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. There is nothing to indicate that parties 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. 7. In view of the aforesaid, entire impugned proceedings of the aforesaid case against applicants, namely, Basir Khan, Rizwan, Imran & Vakil are hereby quashed. 8. The application u/s 528 BNSS is allowed. Order Date :- 7.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad