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2025 DAILYLAW 86125 (ALL)

VISHAL CHAUDHARY AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29926/2025 · 2025-08-22

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146291 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 29926 of 2025 Applicant :- Vishal Chaudhary And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh,Niraj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.. 2. This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including charge sheet dated 03.06.2020 as well as cognizance order dated 01.04.2021, of Case No. 8145 of 2021 (State Vs. Vishal Chaudhary and Others), arising out of Case Crime No. 875 of 2019, under Sections - 341, 384, 504, 120-B I.P.C., Police Station - Bhelupur, District - Varanasi, pending in the court of A.C.J.M., Court No.3, Varanasi, on the basis of compromise arrived at between the parties. 3. It is submitted by learned counsel for the applicants that essentially the dispute between the parties relates to property, which is private in nature and that now both the parties have amicably settled the dispute and compromised the matter. In pursuance to order dated 02.02.2024, passed by the co-ordinate Bench of this Court in Application u/s 482 No. 45757 of 2023, both the parties have filed compromise before the trial Court, which has duly been verified, copy whereof is annexed as Annexure No.7 to the affidavit filed in support of this application. 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 matter essentially the dispute between the parties relates to property, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. 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 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 and cognizance order, of the aforesaid case, against applicants, namely, Vishal Chaudhary, Smt. Anjana Chaudhary, Smt. Gunjan Chaurasia, Mangal Chaurasia, Irshad Farooki @ Akka and Rajendra Vishwakarma, are hereby quashed. 8. The application u/s 528 BNSS is allowed. Order Date :- 23.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad