VIMLESH ALIAS KALLU AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/24547/2025 · 2025-08-11
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74207 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74207 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137074 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24547 of 2025 Applicant :- Vimlesh Alias Kallu And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishal Kumar Counsel for Opposite Party :- G.A.,Raghuraj Singh Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.
2. This application u/s - 528 BNSS has been filed for quashing of the entire proceedings, including cognizance / summoning order dated 10.09.2024, of Case No. 351 of 2024 (State Vs. Vimlesh Kumar and Others), arising out of Case Crime No. 178 of 2023, under sections - 147, 323, 504, 354(Kha), 506 I.P.C., Police Station - Dibiyapur, District - Auraiya, pending in the court of Additional Chief Judicial Magistrate (F.T.C.), Auraiya, on the basis of compromise arrived at between the parties.
3. It is submitted by learned counsel for applicants that both the parties are residents of the same village and that alleged incident took place due to some misconception. Now both the parties have amicably settled the dispute and the informant and the injured of the case do not want to pursue the impugned proceedings. In the alleged incident, the informant and the injured have not sustained any serious injury. In pursuance to order dated 08.05.2025, passed by the co-ordinate Bench of this Court in Application u/s 482 No. 33288 of 2024, both the parties have filed compromise before the Trial Court, which has duly been verified, copy of which 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 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 of the case do 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, both the parties are residents of same village and 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 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, including cognizance / summoning order, of the aforesaid case, against applicants, namely, Vimlesh @ Kallu, Anshu, Rohit @ Chhote, Manoj Kumar @ Monu, Sunjeev Kumar and Mohar Singh, are hereby quashed.
9. The application u/s - 528 BNSS is allowed.
Order Date :- 12.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad