Shamshad and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shamshad and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings, including charge-sheet dated 11.01.2016 and cognizance/summoning order dated 03.02.2016, of Case No. 176 of 2016 (New No.9079/9 of 2024) (State Vs. Jahoor Hasan and others), arising out of Case Crime No.714 of 2015, against the applicants Shamshad, Dilshad, Saddam, Parvez and Jahid; application u/s 528 BNSS allowed.

Issue for consideration

Whether the entire proceedings, including the charge-sheet dated 11.01.2016 and the cognizance/summoning order dated 03.02.2016, of Case No. 176 of 2016 arising out of Case Crime No.714 of 2015, may be quashed on the basis of the compromise arrived at between the parties, invoking the inherent powers under Section 528 BNSS. +1 more

Court's answer

In appropriate cases, criminal proceedings may be quashed on the basis of compromise by invoking the inherent powers enshrined under Section 528 BNSS.

Ratio / Principle

In the instant case the matter relates to a private dispute between the parties; if the parties compromise, it would not have adverse impact on society; there is nothing to indicate that the applicants have any criminal antecedents; and the compromise filed before the trial court has already been verified by the court concerned.

Key takeaways

Considering the aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.ratio¶17
Accordingly, the entire impugned proceedings, including the charge-sheet and cognizance/summoning order, of the aforesaid case, against the applicants Shamshad, Dilshad, Saddam, Parvez and Jahid are hereby quashed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), decided September 2, 2025 — APPLICATION U/S 528 BNSS No. 21989 of 2025 (Shamshad & 4 Others v. State of U.P. & Another). Invoking inherent powers under Section 528 BNSS, the applicants sought quashing of the entire proceedings, including charge-sheet dated 11.01.2016 and cognizance/summoning order dated 03.02.2016, of Case No. 176 of 2016 (New No.9079/9 of 2024) (State Vs. Jahoor Hasan and others), arising out of Case Crime No.714 of 2015, under Sections 147, 308, 452, 504, 506 IPC, P.S. Jhinjhana, District Shamli, pending before A.C.J.M., Kairana. Pursuant to the Court's order dated 17.04.2025 the parties filed a compromise before the trial Court, duly verified vide order dated 06.05.2025. The matter being a private dispute whose compromise would have no adverse impact on society, with no indicated criminal antecedents of the applicants and the A.G.A. raising no objection, the Court held it in the interest of justice to quash the proceedings and allowed the application.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 21989 of 2025

Shamshad And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Mohd. Naushad
Counsel for Opposite Party(s)	: G.A.
Court No.- 71

HON'BLE RAJ BEER SINGH, J.

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

This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including charge-sheet dated 11.01.2016 as well as cognizance / summoning order dated 03.02.2016, of Case No. 176 of 2016 (New No.9079/ 9 of 2024) (State Vs. Jahoor Hasan and others), arising out of Case Crime No.714 of 2015, under Sections 147, 308, 452, 504, 506 IPC, P.S.Jhinjhana, District- Shamli, pending in the court of A.C.J.M., Kairana, Shamli on the basis of compromise arrived at between the parties.

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 and the injured do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any serious injury. In pursuance to order dated 17.04.2025, passed by this Court, both the parties have filed compromise before the trial Court, which has duly been verified vide order dated 06.05.2025, the certified copy of the same is available on record. It was submitted that in view of aforesaid 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 arrived at between the parties.

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

I have considered the submissions and perused the record.

It is well settled that in appropriate cases criminal proceedings may be

NA528 No. 21989 of 2025

2

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. There is nothing to indicate that applicants have any criminal antecedents. 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.

In view of the aforesaid, entire impugned proceedings, including chargesheet & cognizance / summoning order, of the aforesaid case, against applicants, namely, Shamshad, Dilshad, Saddam, Parvez & Jahid are hereby quashed.

The application u/s 528 BNSS is allowed .

September 2, 2025 'SP'/-

(Raj Beer Singh,J.)

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