SHIV NARAYAN SHUKLA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/28135/2025 · 2025-08-11
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77382 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77382 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137097 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 28135 of 2025 Applicant :- Shiv Narayan Shukla And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh,Diksha Duggal Counsel for Opposite Party :- G.A.,Shatrughan Yadav 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, including charge-sheet dated 20.02.2019, of Case No. 25660 of 2019 (State Vs. Shiv Narayan Shukla and others), arising out of Case Crime No.554 of 2018, under Sections 147, 148, 149, 504, 506, 427 IPC, P.S.- Bidhnu, District- Kanpur Nagar, pending in the court of A.C.M.M.- IIIrd, Kanpur Nagar, 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 pursuance to order dated 11.04.2025, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 30.06.2025, 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 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 applicants 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 of the aforesaid case against applicants, namely, Shiv Narayan Shukla, Ashok Shukla, Gyanesh Kumar Shukla & Jitendra are hereby quashed.
9. The application u/s 528 BNSS is allowed.
Order Date :- 12.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad