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2025 DAILYLAW 72144 (ALL)

SUDHIR SINGH GAUR v. STATE OF U.P. AND ANOTHER

NA528/24018/2025 · 2025-09-01

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24018 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, 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 for quashing of entire proceedings, including charge-sheet dated 02.07.2021 and cognizance / summoning order dated 07.12.2022, of Criminal Case No. 22934 of 2022 (State v. Sudhir Singh Gaur), arising out of Case Crime No. 191 of 2020, under Sections 406, 420, 504, 506 IPC, P.S. Raksa, District Jhansi, pending in the court of A.C.J.(SD) / A.C.J.M., Court No. 1, Jhansi, in terms of the compromise arrived at between the parties. . 3. It has been argued by the learned counsel for the applicant 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 payment of money. In pursuance of order dated 17.07.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 01.08.2025, 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 applicant 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. Versus Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A., Rajesh Kumar Yadav, Ranjana Yadav Sudhir Singh Gaur .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 between the parties, by invoking inherent powers enshrined under Section 528 BNSS. In the instant case, the dispute between the parties relates to payment of money. 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 applicant has 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 applicant, namely, Sudhir Singh Gaur are hereby quashed. 9. The application u/s 528 BNSS is allowed. September 2, 2025 Rama Kant NA528 No. 24018 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad