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Neutral Citation No. - 2025:AHC:106854 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23295 of 2025 Applicant :- Arun Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvagya Singh,Shiv Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, Shri Rajendra Singh,
learned counsel for the opposite party no.2 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, including cognizance order dated 15.06.2010, of Case No. 1909 of 2010 (State v. Arun Kumar Sharma), arising out of Case Crime No. 310 of 2009 , under sections 419, 420, 465, 467, 469, 474, 427, 504, 506 of I.P.C., Police Station- Jaitpura, District- Varanasi, pending in the court of A.C.J.M.-Ist, Varanasi, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicant that the applicant and opposite party no.2/ informant are real brothers and that there was some dispute relating to property. First Information Report was lodged under some misconception and that now both the parties have amicably settled the dispute and the informant of the case does not want to pursue the impugned proceedings. In the alleged incident no one has sustained any injury. In pursuance to order dated 05.09.2024, passed by this Court in Application u/s 482 CrPC No. 27577 of 2024, both the parties have filed compromise before the trial Court, which has
duly been verified vide order dated 04.06.2025, 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 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 does not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. 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, both the parties are real brothers and essentially the matter relates to property between the parties.
If parties compromise the matter, it would not have adverse impact on society. The informant of the case does not want to pursue the impugned proceedings. 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. 8. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicant, namely, Arun Kumar Sharma are hereby quashed. 9. The application u/s 528 BNSS is allowed.
Order Date :- 7.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad