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2025 DAILYLAW 88476 (ALL)

JUVENILE X v. STATE OF U.P. AND ANOTHER

NA528/31166/2025 · 2025-09-09

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31166 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State. 3. 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 25.05.2023 as well as cognizance / summoning order dated 15.07.2023, of Case No. 133 of 2023 (State Vs. Juvenile X), arising out of Case Crime No.153 of 2023, under Sections 147, 323, 504, 308, 452 IPC, P.S.- Gabhana, District- Aligarh, pending before the Juvenile Justice Board, Aligarh, on the basis of compromise arrived at between the parties. 4. It has been argued by the learned counsel for the applicant 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 / injured does not want to pursue the impugned proceedings. In the alleged incident the informant / injured has not sustained any serious injury. The compromise filed by the parties before the Juvenile Justice Board, Aligarh, 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. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. Versus Counsel for Applicant(s) : S.P.S. Chauhan Counsel for Opposite Party(s) : G.A. Juvenile X .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 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 compromise filed by the parties before the Juvenile Justice Board, Aligarh, 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 applicant Juvenile X are hereby quashed. 9. The application u/s 528 BNSS is allowed. September 10, 2025 'SP'/- NA528 No. 31166 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad