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2025 DAILYLAW 88026 (ALL)

IRSHAD ALI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31940/2025 · 2025-09-16

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31940 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 and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 17.05.2024 as well as cognizance / summoning order dated 11.09.2024, of Case No. 1320 of 2024 (State Vs. Irshad Ali and others), arising out of Case Crime No.135 of 2024, under Sections 420, 406, 120B IPC, P.S.- Thakurdwara, District- Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that the matter relates to private dispute between the parties and that now both the parties have amicably settled the dispute and the informant of the case does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is 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. 4. Learned counsel for the 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 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) : Zafeer Ahmad Counsel for Opposite Party(s) : G.A., Hemant Kumar Irshad Ali And 4 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 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 does 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, including charge- sheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Irshad Ali, Sahadat Ali, Kunwar Singh, Najir Husain & Ali Hasan are hereby quashed. 9. The application u/s 528 BNSS is allowed. September 17, 2025 'SP'/- NA528 No. 31940 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad