Ashish Shivhare Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:109794

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 21228 of 2025

Applicant :- Ashish Shivhare Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Shashi Kant Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Sri Sandeep Singh, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

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This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including cognizance / summoning order dated 24.12.2020, of Case No. 3997 of 2020 (State Vs. Ashish Shivhare and others), arising out of Case Crime No.601 of 2017, under Sections 452, 323, 504, 506, 427 IPC, P.S.- Kotwali Orai, DistrictJalaun, pending in the court of C.J.M., Kotwali Jalaun, at Orai, on the basis of compromise arrived at between the parties.

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It has been argued by the learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and that now both the parties have amicably settled the dispute and the informant of the case does not want to pursue the impugned proceedings. In the alleged incident no one has sustained any grievous or serious injury. The compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these 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

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arrived at between the parties.

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Learned counsel for the opposite party no.2 has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant does not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed.

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Learned A.G.A. has no objection if parties compromise the matter.

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I have considered the submissions and perused the record.

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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 case, 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 does not want to pursue the impugned proceedings. There is nothing to indicate that parties have 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.

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In view of the aforesaid, entire impugned proceedings, including cognizance / summoning order, of the aforesaid case against applicant, namely, Ashish Shivhare are hereby quashed.

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The application u/s 528 BNSS is allowed .

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Order Date :- 10.7.2025

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'SP'/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Ashish Shivhare v. State of U.P. and Another

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