Neutral Citation No. - 2025:AHC:121276 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22989 of 2025 Applicant :- Dinesh Agarwal @ Dinesh Chandra Bansal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abou Sofian Usmani,Ram Adhin Counsel for Opposite Party :- 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 A.G.A. for the State and perused the record. 3. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including summoning order dated 29.11.2009, of Criminal Case No. 823 of 2009 (State of U.P. Vs. Aruna Agarwal), arising out of Case Crime No. 34-A of 2009, under Sections - 406, 420, 504, 506 I.P.C., Police Station - Shahganj, District - Agra, pending in the court of Special Chief Judicial Magistrate, Agra, in terms of the compromise arrived at between the parties. 4. It is submitted by learned counsel for the applicants that first information report of this case was lodged making false and baseless allegations and that after investigation police have submitted final report in favour of applicants. The informant has preferred a protest petition, which was allowed vide impugned order dated 29.11.2009 and applicants were summoned. The informant was tenant of applicants and that the premises of applicants have already been released in favour of applicants. The dispute between the parties was purely civil in nature and no prima facie case is made out. It is further submitted that in civil appeal both the parties have compromised the case and it was agreed that they would withdraw the cases lodged against each other. Referring to these facts, it was submitted that impugned proceedings are liable to be quashed. 5. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 6. I have considered the rival submissions and perused the record. 7. Perusal of record shows that earlier the applicants have filed an application under Section - 482 Cr.P.C. against impugned order dated 29/30.11.2009, which was disposed of by this Court vide order dated 13.01.2010. The prayer for quashing of impugned order was refused and applicants were permitted to move discharge application before the court concerned through counsel within a period of thirty days and it was further directed that till disposal of discharge application no coercive steps shall be taken against applicants. There is nothing to show whether the applicants have moved any discharge application before the Trial court. In view of these facts, this application under section - 528 BNSS seeking same prayer of quashing of impugned order dated 29.11.2009 is not maintainable. Further perusal of record shows that applicants have knowledge of the aforesaid case since the year 2010 and in fact they have filed the aforesaid application under Section - 482 Cr.P.C. in the year 2010. It appears from order-sheet that now since last several years applicants are not appearing before the Trial court and non-bailable warrants are being issued against them since last 12-13 years and even process under Section - 82 Cr.P.C. has been issued against them. No explanation at all regarding delay in filing this application under Section - 528 BNSS has been mentioned. In view of these facts and circumstances, no case for invoking powers under Section - 528 BNSS is made out and the applicants are not entitled for any relief. Thus, the present application u/s 528 BNSS is liable to be dismissed. 8. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 24.7.2025 / S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad