SHAILENDRA KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/28999/2025 · 2025-09-22
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84279 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84279 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28999 of 2025 Court No. - 71 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 under Section - 528 BNSS has been filed for quashing of the entire proceedings, of Case No. 309 of 2022 (State Vs. Shailendra Kumar and Others), arising out of Case Crime No. 91 of 2022, under sections - 323, 324, 504, 308 I.P.C., Police Station - Chaubiya, District - Etawah, pending in the court of Additional District Judge-1st, Etawah, 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 place 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 injured has not sustained any dangerous injury. It was submitted that the compromise filed by the parties before the Trial court concerned, has already been verified by the court concerned, copy of which 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. Versus Counsel for Applicant(s) : Saurabh Mishra Counsel for Opposite Party(s) : Pankaj Kumar Mishra, G.A. Shailendra Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 between the parties, by invoking inherent powers enshrined under Section - 528 BNSS. In the instant case, the matter relates to private dispute between the parties and the injured has not sustained any such injury, which may be dangerous to life. Both the parties are residents of same place. There is nothing to indicate that applicants have any criminal antecedents. The informant and the injured of the case do 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. 8. In view of the aforesaid, entire impugned proceedings of the aforesaid case, against applicants, namely, Shailendra Kumar, Dharmendra Kumar, Gagan Kumar and Pawan Kumar @ Pavan Raj, are hereby quashed. 9. The application under Section - 528 BNSS is allowed. September 23, 2025 S Rawat NA528 No. 28999 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad