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2025 DAILYLAW 81734 (ALL)

MUSTAKIM SAIFI AND 4 OTHERS v. STATE OF U.P. AND 5 OTHERS

NA528/28601/2025 · 2025-08-26

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28601 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 to 6 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 entire proceedings, including charge-sheet dated 05.01.2013 and 05.04.2015, of Sessions Trial No. 1004 of 2017 (State v. Mustaqeem Saifi and others), arising out of Case Crime No. 659 of 2012, under Sections 147, 148, 323, 504, 307, 506, 342 IPC, Police Station Nauchandi, District Meerut, pending in the court of Additional District & Sessions Judge, Court No. 18, 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, both the parties have lodged cases against each other and the injured has not sustained any serious injruy. In pursuance to order dated 15.04.2025, passed by this Court in Application u/s 482 CrPC No. 29031 of 2024, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 12.05.2025, 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 nos. 2 to 6 has concurred with the arguments of learned counsel for the applicants and submitted that both the Versus Counsel for Applicant(s) : Anubhav Sinha Counsel for Opposite Party(s) : G.A., J.B. Singh Mustakim Saifi And 4 Others .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s) parties have amicably settled the dispute and compromised the matter and the informant and the injured 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 have lodged cases against each other regarding the same incident. Though normally proceedings under Section 307 IPC cannot be quashed on the basis of compromise but it was submitted that the injured has not sustained any serious injury. 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. In view of these facts and circumstances, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Mustakim Saifi, Nadeem, Jamil Saifi, Sonu and Monu are hereby quashed. 9. The application u/s 528 BNSS is allowed. August 27, 2025 Rama Kant NA528 No. 28601 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad