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2025 DAILYLAW 76588 (ALL)

SMT NUSRAT JAHAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26042/2025 · 2025-09-21

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26042 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicants and learned AGA for State. 2. This application under Section 528 B.N.S.S. has been filed for quashing of entire proceedings, including Charge-sheet No.06 of 2020 dated 03.02.2020 as well as cognizance/ summoning order dated 15.02.2020, of Case No.4925 of 2020 (State Vs. Abdul Wari and others), arising out of Case Crime No.422 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S.- Mughalpura, District- Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Moradabad, on the basis of compromise arrived at between the parties. 3. It has been argued by learned counsel for applicants that the alleged dispute between the parties has taken place due to misconception and now both the parties have amicably settled the dispute and compromised the case and the informant of the case does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court, has already been verified by the court concerned, the copy of order of the same is available 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 A.G.A. has no objection if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases criminal proceedings may be Versus Counsel for Applicant(s) : Bina Singh, Krishna Kumar Singh Counsel for Opposite Party(s) : G.A. Smt Nusrat Jahan And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) quashed on the basis of compromise between the parties, by invoking inherent powers enshrined under Section 528 B.N.S.S. In the instant case the matter relates to matrimonial 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. 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. 7. In view of the aforesaid, the entire impugned proceedings, including charge-sheet as well as cognizance/ summoning order, of the aforesaid case, against applicants namely Smt. Nusrat Jahan, Meraj Navi, Abdul Wari, Siraj, Wasid, are hereby quashed. 8. The application u/s 528 B.N.S.S. is allowed. September 22, 2025 CS/- NA528 No. 26042 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad