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2025 DAILYLAW 80601 (ALL)

SHAHID AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/27562/2025 · 2025-07-30

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129535 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 27562 of 2025 Applicant :- Shahid And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants 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 02.09.20214 as well as cognizance / summoning order dated 12.12.2014, of Case No. 22829 of 2022 [Old Case No. 1867/9 of 2014] (State Vs. Islamuddin and others), arising out of Case Crime No. 275 of 2012, under Sections 147, 148, 427, 323, 504, 506 IPC, P.S.- T.P. Nagar, District- Meerut, pending in the court of A.C.J.M.-II, Meerut, 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 and the injured do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any serious injury. In pursuance to order dated 06.06.2025, passed by this Court in application u/s 528 BNSS No. 20782 2025, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 23.06.2025, 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 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 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 and 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 the 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, entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Shahid, Riyasat Vakeel, Islam @ Islamuddin, Maulana Zafar, Wajid @ Hamid, Saleem, Shadab and Javed are hereby quashed. 8. The application u/s 528 BNSS is allowed. Order Date :- 31.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad