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2025 DAILYLAW 71921 (ALL)

NARESH CHAUHAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24673/2025 · 2025-08-11

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137122 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24673 of 2025 Applicant :- Naresh Chauhan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.B. Pal Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Sri Vinod Kumar Yadav, Advocate has filed counter / compromise affidavit along with Vakalatnama on behalf of opposite party no.2, 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 for quashing of the entire proceedings of Case No. 751 of 2024 (Old Case No.4085 of 2022) (State Vs. Naresh Chauhan and others), arising out of Case Crime No.0227 of 2020, under Sections 147, 148, 323, 325, 352, 452, 504, 506 IPC, P.S.- Rounapar, District- Azamgarh, pending in the court of Civil Judge (S.D.) / F.T.C. / A.C.J.M., Azamgarh, 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 and the injured do not want to pursue the impugned proceedings. In the alleged incident the injured has not sustained any serious injury. In pursuance to order dated 04.04.2025, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 16.05.2025, 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. 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 the injured do not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed. 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, the matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case and the injured do 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 facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 9. In view of the aforesaid, entire impugned proceedings of the aforesaid case against applicants, namely, Naresh Chauhan, Ramesh Chauhan, Lalman, Arjun & Pawan are hereby quashed. 10. The application u/s 528 BNSS is allowed. Order Date :- 12.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad