Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 71293 (ALL)

DEEPAK DUBEY AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/23543/2025 · 2025-08-19

Raj Beer Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:143494 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23543 of 2025 Applicant :- Deepak Dubey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mushir Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Learned counsel for the applicants is permitted to make correction in the prayer clause of the application u/s 528 BNSS during course of the day. 2. Heard learned counsel for the applicants 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 entire proceedings, including charge-sheet dated 19.05.2024 as well as summoning order dated 05.07.2024, of Case No. 3808/2024 (State v. Deepak Dubey and Others), arising out of Case Crime No. 0028/2024, Under Sections- 420, 386, 504, 506 I.P.C. Police Station- Maudarwaja, District- Fatehgarh, pending before the Chief Judicial Magistrate, Farrukhabad, 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 does not want to pursue the impugned proceedings. Essentially, the dispute between the parties relates to property. In pursuance to order dated 15.05.2025, passed by this Court in Application u/s 482 CrPC No. 31408 of 2024, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 11.06.2025, 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. 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, the matter relates to property dispute 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 applicants have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the aforesaid 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 applicants, namely, Deepak Dubey, Vimal Dubey and Ajay Dwivedi are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 20.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad