Anas Ahmad Alias Pasha vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20557 of 2025

Versus Anas Ahmad Alias Pasha .....Applicant(s)
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Gaurav Singh Chauhan Counsel for Opposite Party(s) : Deepak Singh, Diwas Verma, G.A.

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Court No. - 78

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HON'BLE NAND PRABHA SHUKLA, J.

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Supplementary affidavit filed on behalf of applicant, is taken on record.

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Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned AGA for the State and perused the record.

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The present application under Section 528 B.N.S.S. has been filed by the applicant with a prayer to allow this Criminal Misc. Application and to quash the impugned charge-sheet dated 02.03.2025 as well as the cognizance order dated 03.03.2025 as well as the entire proceeding of Session Trial No. 438 of 2025 (State Vs. Anas Ahmad @ Pasha) arising out of Case Crime No. 717 of 2023, under Sections 147, 148, 149, 307 IPC, Police Station Civil Lines, District Aligarh, pending in the Court of learned Session Judge, Aligarh.

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Pursuant to the order dated 06.08.2025, parties had appeared before the Court concerned along with the original copy of the affidavit/compromise dated 22.08.2025 duly verified by Additional Sessions Judge, Court No. 1, Aligarh dated 22.08.2025 is placed as Annexure SA-1 to the affidavit dated 26.08.2025.

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Counsel for the parties do not propose to file the counter and rejoinder affidavits.

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Learned counsel for the applicant submits that the present dispute arises out of personal discord between the applicant and the opposite party no.2. It is also argued that the opposite party no. 2 is not interested to pursue the matter pending in the Court concerned and, therefore, the impugned proceedings be quashed on the ground of compromise between the parties.

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Learned counsel for the opposite party no. 2 admits the arguments of learned counsel for the applicant and states that he has no objection if the impugned proceeding pending against the applicant is quashed.

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Learned A.G.A. also does not dispute the correctness of the submissions made by the learned counsel for both the parties.

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The law with regard to quashing of a case on the basis of settlement arrived between the parties, is well settled.

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Even the Hon'ble Supreme Court in its Constitutional Bench Judgment in Gian Singh Vs. State of Punjab and Another, (2012)10 SCC 303 , has held that "But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim."

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The Hon'ble Supreme Court in Parbatbhai Ahir alias Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujara and another, (2017) 9 SCC 641 has laid down broad principles of quashing the criminal proceedings in exercise of

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inherent jurisdiction on the ground that "even in the non compoundable cases on the basis of compromise, criminal proceedings can be quashed so that valuable time of the court can be saved and utilized in other material cases."

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Both the parties have agreed to withdraw the proceedings pending amongst them in Court concerned. From perusal of the records and the law as cited above, the present case is a good case for exercise of power by the Court to quash summoning order as well as entire proceedings.

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The dispute appears to be purely of a personal nature that has been mutually settled between the parties to their entire satisfaction, therefore, no useful purpose would be served in allowing the prosecution to continue any longer.

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The present application for quashing filed U/S 528 B.N.S.S. comes within the parameters as laid down by the Hon'ble Supreme Court in Pradeep Kumar Kesarwani Vs. State of Uttar Pradesh & Another , Criminal Appeal No. 3831 of 2025, SLP (Crl.) No. 11642 of 2019 dated 02.09.2025.

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In view of the above, the entire proceedings of Session Trial No. 438 of 2025 (State Vs. Anas Ahmad @ Pasha) arising out of Case Crime No. 717 of 2023, under Sections 147, 148, 149, 307 IPC, Police Station Civil Lines, District Aligarh, pending in the Court of learned Session Judge, Aligarh are hereby quashed.

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The present application is, accordingly, allowed.

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September 10, 2025 Puspendra

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(Nand Prabha Shukla,J.)

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Anas Ahmad Alias Pasha v. State of U.P. and Another

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Anas Ahmad Alias Pasha v. State of U.P. and Another

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