DEVENDRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/31217/2025 · 2025-09-21
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87071 (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. - 31217 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for applicants, learned counsel for opposite party no.2 and learned AGA for State. 2. This application under Section 528 B.N.S.S. has been filed for quashing of entire proceedings of Case No.2983 of 2025 (State Versus Devendra and others), arising out of Case Crime No.207 of 2021, under Sections 323, 504, 324, 452, 325 I.P.C., Police Station Dhanari, District Sambhal, pending in the court of Civil Judge (Senior Division)/ A.C.J.M. Chandausi, District Sambhal, on the basis of compromise arrived at between the parties. 3. It has been argued by learned counsel for applicants that the incident between the parties took place due to misconception and regarding that incident both the parties have lodged cases against each other. Now both the parties have amicably settled the dispute and compromised the case. It was stated that husband of opposite party no.2/ informant has since passed away. Both the parties have filed compromise before the trial court concerned but it was rejected on the ground that offences are not compoundable. It was submitted that in view of aforesaid facts, the impugned proceedings may be quashed on the basis of compromise between the parties. 4. Learned counsel for opposite party no.2 has concurred with the arguments of learned counsel for applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant of the case 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. Versus Counsel for Applicant(s) : Mayank Yadav, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A., Gunjan Yadav Devendra And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 B.N.S.S. 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. It was submitted that regarding the incident both the parties have lodged cases against each other.
The informant/ opposite party no.2 has alleged in the first information report that she and her husband - Ramdas were assaulted by accused persons. Said Ramdas has since passed away. Both the parties have filed compromise before the trial court, however, the same was rejected by the trial court on the ground that offences are not compoundable. It has been submitted by learned counsel for opposite party no.2 that as both the parties have amicably settled the dispute and compromised the case thus, the impugned proceedings may be quashed on the basis of compromise. Considering all facts, a case of quashing of impugned proceedings is made out. 8. In view of the aforesaid facts and circumstances, the entire impugned proceedings, including charge-sheet as well as cognizance/ summoning order, of the aforesaid case against applicants, namely, Devendra, Smt. Kanti Devi, Ramchandra, Nekse alias Rakesh, are hereby quashed. 9. The application u/s 528 B.N.S.S. is allowed. September 22, 2025 CS/- NA528 No. 31217 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad