LIYAKAT ALI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/24253/2025 · 2025-07-10
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73302 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73302 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111560 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24253 of 2025 Applicant :- Liyakat Ali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, Sri Giriraj Pandey, Advocate holding brief of Sri S.P. Dwivedi, 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 charge-sheet dated 03.06.2024 as well as cognizance / summoning order dated 15.06.2024, of Case No. 6852 of 2024 (State Vs. Sudhir Kumar Goyal and another), arising out of Case Crime No.123 of 2024, under Sections 420, 406 IPC, P.S.- Kotwali Dehat, District- Bulandshahr, pending in the court of C.J.M., Bulandshahr, on the basis of compromise arrived at between the parties.
3. It has been argued by the learned counsel for the applicants that the dispute between the parties relates to property, which is private in nature 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. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these 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, 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 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, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants namely, Liyakat Ali & Sudhir Kumar Goyal are hereby quashed.
9. The application u/s 528 BNSS is allowed.
Order Date :- 11.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad