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2025 DAILYLAW 73703 (ALL)

SHIVAM ALIAS RISHABH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24900/2025 · 2025-07-30

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127728 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24900 of 2025 Applicant :- Shivam Alias Rishabh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- Bhupendra Kumar Pandey,G.A.,Ritesh Kumar Shukla,Vijay Laxmi Singh Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, 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 the entire proceedings of Case No. 622 of 2023 (State Vs. Shivam @ Rishabh and others), arising out of Case Crime No.94 of 2023, under Sections 323, 324, 504, 307 IPC, P.S.- Loni, District- Ghaziabad, pending in the court of A.S.J., Court No.4, Ghaziabad, on the basis of compromise arrived at between the parties. 3. 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. In the alleged incident the informant / injured has not sustained any serious injury. 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 / injured 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. Though, normally criminal proceedings under Section 307 IPC cannot be quashed on the basis of compromise but in the instant matter it appears that informant / injured has not sustained any serious injury and no case under Section 307 IPC is made out against the applicants. In view of these facts and circumstances, it would not be just and proper to decline the prayer of quashing of proceedings merely because the charge-sheet has been submitted under Section 307 IPC. 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 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, entire impugned proceedings of the aforesaid case, against applicants, namely, Shivam @ Rishabh, Jay Prakash & Satish @ Pappu are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 31.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad