FAUJDAR YADAV AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/33875/2025 · 2025-09-21
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91784 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91784 (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. - 33875 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, including charge-sheet dated 15.09.2016 as well as cognizance order dated 30.09.2016, of Case No. 6553 of 2016 (State Vs. Subhash and Others), arising out of Case Crime No. 40 of 2016, under sections - 147, 323, 325, 308 I.P.C., Police Station - Tahbarpur, District - Azamgarh, pending in the court of Judicial Magistrate, Azamgarh, 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 informant and the Versus Counsel for Applicant(s) : Kailash Nath Counsel for Opposite Party(s) : G.A., Manoj Yadav Faujdar Yadav And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
injured have not sustained any serious injury. In pursuance to order dated 23.09.2024, passed by this Court in Application under Section - 482 No. 17610 of 2020, both the parties have filed compromise before the Trial Court, which has duly been verified, copy of which is available on record. 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 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, both the parties are residents of same place and 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 and the injured do not want to pursue the impugned proceedings. There is nothing to indicate that applicants have any criminal antecedents. The compromise filed by the parties NA528 No. 33875 of 2025 2
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 order, of the aforesaid case, against applicants, namely, Faujdar Yadav, Havaldar Yadav, Subhash Yadav, Pramod Yadav, Santosh Yadav and Satish Yadav, are hereby quashed. 9. The application under Section - 528 BNSS is allowed. September 22, 2025 S Rawat NA528 No. 33875 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad