Ballan and 2 Others v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court, single judge (Saurabh Srivastava, J.), 28 October 2025, allowed an application under Section 528 BNSS and quashed pending criminal proceedings — charge sheet no. 147 of 2024 (31.12.2024) and summoning order dated 27.01.2025 — in Case Crime No.173 of 2024 under BNS Sections 115(2), 352, 110 and 3(5), P.S. Heempur Deepa, District Bijnor, solely on the strength of a trial-court-verified compromise between the parties. Useful for research on quashing of prosecutions for non-compoundable offences upon genuine settlement/amicable resolution, exercise of High Court's power under Section 528 BNSS to secure the ends of justice, and reliance on Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692.
What did the court decide?
Application under Section 528 BNSS allowed; entire criminal proceedings of Case No.5181 of 2025 (State vs. Ballan and others) arising out of Case Crime No.173 of 2024 under Sections 115(2), 352, 110 and 3(5) BNS, Police Station Heempur Deepa, District Bijnor, including charge sheet no. 147 of 2024 dated 31.12.2024 and the summoning order dated 27.01.2025 of Additional Civil Judge (J.D.)-2/Judicial Magistrate, Court No.2, Bijnor, quashed; parties permitted to file a copy of the order before the court concerned within two weeks.