SONU SINGH ALIAS UDDHAV SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/23177/2025 · 2025-07-31
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70333 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70333 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:130356 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23177 of 2025 Applicant :- Sonu Singh Alias Uddhav Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Shri Haidar Ali, learned Advocate has filed short counter affidavit along with Vakalatnama on behalf of opposite party no. 2 today in Court, 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 with the prayer to quash the entire proceedings of Case No. 1501 of 2018 (State v. Sonu Singh and another), arising out of Case Crime No. 962 of 2017, under Sections 323, 452, 506 IPC, P.S.- Cantt., District- Varanasi, pending in the court of C.J.M., Varanasi, 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 compromised the matter. In the alleged incident, the opposite party no. 2 has sustained merely simple injuries. Both the parties have filed an application for compromise before the trial court. The copy of compromise arrived at between the parties has been annexed along with the present application. The informant of this case does not want to pursue the impugned
proceedings against the applicants. 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. 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 and injured do not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. It was also pointed out that in short counter affidavit of opposite party no.
2/ informant, it has been mentioned that both the parties have compromised the case. 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, it appears that dispute between the parties is private in nature. In the alleged incident, no one has sustained any grievous injury. If parties compromise the matter, it would not have adverse impact on society. The informant/ opposite party no. 2 has filed short counter affidavit, wherein it has been mentioned that both the parties have compromised the matter and the informant of the case does not want to pursue the impugned proceedings and the case may be decided on the basis of compromise and this application
under Section 528 BNSS may be allowed. In view of these facts and circumstances, it appears in the interest of justice that impugned proceedings be quashed. 9. In view of the aforesaid facts, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Sonu Singh @ Uddhav Singh and Ankit Singh @ Vipin Kumar Singh are hereby quashed. 10. The application u/s 528 BNSS is allowed. Order Date :- 1.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad