Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 9246 (ALL)

SHAHRUKH v. STATE OF U.P. AND 2 OTHERS

NA528/1969/2025 · 2025-07-13

Raj Beer Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:113207 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 1969 of 2025 Applicant :- Shahrukh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 and 3 and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 18.10.2024 as well as cognizance order dated 21.11.2024, of Case No. 22559 of 2024 (State v. Shahrukh), arising out of Case Crime No. 410 of 2024, under Sections 137(2) and 87 of BNS, Police Station Kotwali Nagar, District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar, on the basis of compromise arrived at between the parties. 3. It has been argued by the learned counsel for the applicants that opposite party no.2 has lodged First Information Report of this case under some misconception and made allegation of kidnapping of her daughter. Now both the parties have amicably settled the dispute and compromised the case. The informant of the case and the victim do not want to pursue the impugned proceedings. In pursuance of order dated 17.02.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 24.02.2025, the certified copy of the same 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 the opposite party nos.2 and 3 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 victim 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 by invoking inherent powers enshrined under Section 528 BNSS. In the instant matter it appears that opposite party no.2 has lodged First Information Report alleging that applicant has enticed away her daughter aged about 17 years old. Now the informant and the victim have compromised the case with the applicant and they do not want to pursue the impugned proceedings. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that applicant has any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 8. In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicant, namely, Shahrukh are hereby quashed. 9. The application u/s 528 BNSS is allowed. Order Date :- 14.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad