Harpal Singh and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:113949

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 21475 of 2025

Applicant :- Harpal Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar,Ramanand,Vinod Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants and learned AGA for the State.

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This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following

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relief:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court graciously may be pleased to quash the entire proceeding of Criminal Appeal No. 62 of 2024 (Harpal Singh and others Vs. State of U.P.) against the Judgment and order dated 20-08-2024, passed by Chief Judicial Magistrate, Rampur in Criminal Case No. 493 of 2021 (State of U.P. Vs. Harpal Singh and others), arising out of Case Crime No. 435 of 2020 U/s 323/34, 324/34, 325/34, 504, 506 IPC, Police Station Bilaspur, District Rampur on the basis of compromise dated 09-05-2025, pending before District and Session Judge, Rampur.

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And it is further prayed that this Hon'ble court may be pleased to stay the further proceeding of Criminal Appeal No. 62 of 2024 (Harpal Singh and others Vs. State of U.P.) against the Judgment and order dated 20-08-2024, passed by Chief Judicial Magistrate, Rampur in Criminal Case No. 493 of 2021 (State of U.P. Vs. Harpal Singh and others), arising out of Case Crime No. 435 of 2020 U/s 323/34, 324/34, 325/34, 504, 506 IPC, Police Station Bilaspur, District Rampur on the basis of compromise dated 09-05-2025 and verification order dated 09-05-2025, pending before District and Session Judge, Rampur, during the pendency of this Hon'ble court, otherwise the applicant shall suffer irreparable loss and injury."

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It has been submitted by learned counsel for the applicants that the matter is outcome of matrimonial dispute. The opposite party no.2 has lodged first information report of this case and after investigation charge-sheet was submitted. After trial, applicants were convicted under Sections 323/34, 324/34, 325/34, 504, 506 IPC by learned C.J.M., Rampur. Applicants have preferred an appeal against that judgment, which is pending before the court of Sessions Judge, Rampur. During pendency of the appeal, both the parties have amicably settled the dispute and compromised the matter. It was stated that in view of these facts and circumstances,

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no useful purpose would be served by keeping the impugned proceedings pending and thus, the judgment and order of conviction and sentence may be quashed on the basis of compromise arrived at between the parties.

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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, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. It would be relevant to mention that applicants were convicted by the trial Court under Sections 323/34, 324/34, 325/34, 504, 506 IPC by the learned Chief Judicial Magistrate, Rampur vide judgment dated 20.08.2024, passed in Case No.493 of 2021 (State Vs. Harpal Singh and others), Case Crime No.435 of 2020, Police Station Bilaspur, District Rampur and sentenced to one year imprisonment with fine of Rs.1000/- under Section 323/34 IPC, two years imprisonment along with fine of Rs.5000/under Section 324/34, three years imprisonment along with fine of Rs.7000/- under Section 325/34, one year imprisonment along with fine of Rs.1000/- under Section 504 IPC and two years imprisonment along with fine of Rs.5000/- under Section 506 IPC. The applicants have preferred an appeal against the said judgment, which is pending before the court of Sessions Judge, Rampur. During pendency of the appeal, both the parties have compromised the case. It is well-settled that appeal is continuation of the proceedings of trial and parties can enter into compromise during

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pendency of the appeal. The compromise filed by the parties before the trial court, has already been verified by the court concerned. In view of these facts and circumstances, it appears in the interest of justice that conviction and sentence of the applicants be quashed on the basis of compromise arrived at between the parties.

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In view of aforesaid, the judgment and order dated 20.08.2024, passed by learned C.J.M., Rampur in above referred case is set aside and the appeal filed by the applicants stands decided accordingly. The applicants, namely, Harpal Singh, Shisha Singh, Manjinder Kaur & Parwinder Kaur shall be deemed to have been acquitted in terms of Section 320(8) Cr.P.C.

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The application u/s 528 BNSS is allowed in above terms.

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Order Date :- 15.7.2025

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'SP'/-

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

Harpal Singh and 3 Others v. State of U.P. and Another

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