Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36581 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Sri Sudhir Kumar Verma, Advocate has filed short counter affidavit along with Vakalatnama on behalf of opposite party no.2, which is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 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 15.01.2023 as well as cognizance / summoning order dated 04.04.2023, of Case No. 4881 of 2023 (State Vs. Monish and another), arising out of Case Crime No.175 of 2022, under Sections 420, 467, 468, 471, 120B IPC, P.S.- Mandi, District- Saharanpur, pending in the court of C.J.M., Saharanpur on the basis of compromise arrived at between the parties.
4. It has been argued by the learned counsel for the applicants that matter relates to civil dispute and now both the parties have amicably settled the dispute and compromised the case. Both the parties have filed a compromise before the trial Court, which has duly been verified by the trial Court vide
order dated 20.08.2025. Referring to facts of the matter, it was submitted that 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 counsel for the opposite party no.2 has also 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 Versus Counsel for Applicant(s) : Shubham Srivastava, Sunil Kumar Srivastava Counsel for Opposite Party(s) : G.A. Monish And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
that the short counter affidavit of opposite party no.2 is on record, wherein it has been mentioned that the impugned proceedings may be quashed on the basis of compromise between the parties.
6. Learned A.G.A. has no objection if parties compromise the matter.
7. I have considered the submissions and perused the record.
8. 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 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.
9. In view of the aforesaid, entire impugned proceedings, including charge- sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Monish & Rupendra Rai @ Rupendra Singh are hereby quashed.
10. The application u/s 528 BNSS is allowed. October 6, 2025 'SP'/- NA528 No. 36581 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad