Ramesh Chand and 4 Others Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:113250

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 7418 of 2025

Applicant :- Ramesh Chand And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jai Raj Counsel for Opposite Party :- Devidayal Tiwari,G.A.

¶5

Hon'ble Raj Beer Singh,J.

¶6

Supplementary affidavit filed on behalf of the applicants today in Court is taken on record.

¶7

Heard learned counsel for the applicants, learned counsel for the opposite party nos.2 and 3 and learned AGA for the State.

¶8

This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire criminal proceedings, including charge-sheet dated 14.01.2022 & 05.08.2022 as well as summoning order dated 28.01.2022 and order dated 19.10.2022, of Criminal Case No. 30 of 2022 (State v. Ramesh Chand and others) and Criminal Case No. 623 of 2023 (State v. Dheeraj and others) both arising out of Case Crime No. 30 of 2021, under Sections 147, 149, 323, 504, 452, 506, 307, 325 IPC, P.S.- Basai Jagner, District- Agra, pending in the Court of Additional Chief Judicial Magistrate-3, Agra, on the basis of compromise arrived at between the parties.

¶9

It has been argued by the learned counsel for the applicants that in the alleged incident some of the applicants have also sustained injuries and a First Information Report was lodged from the side of applicants by wife of applicant no.1 Ramesh Chandra against the opposite party no.2 and others. After that the First Information Report of this case was lodged by the opposite party no.2. In the

¶10

alleged incident, both the parties have sustained injuries and they are members of one and same extended family. 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 pursuance to order dated 06.03.2025, passed by this Court, both the parties have filed compromise before the trial court, which has duly been verified vide order dated 19.04.2025, 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 of both the cases may be quashed on the basis of compromise arrived at between the parties.

¶11

Learned counsel for the opposite party nos.2 & 3 has concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant and the injured do not want to proceed with the case pending before the trial court and thus, the impugned proceedings of both the cases may be quashed.

¶12

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

¶13

I have considered the submissions and perused the record.

¶14

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, though applicants have also been summoned under Section 307 of IPC and generally proceedings under Section 307 IPC cannot be

¶15

quashed on the basis of compromise but it appears that both the parties have sustained injuries and they are members of one and same extended family. The injured persons have not sustained any such injury, which may be dangerous to life. If parties compromise the matter, it would not have adverse impact on society. Both the impugned cases have arisen from same incident and crime number and they are connected with each other. The informant of the case and the injured do not want to pursue the impugned proceedings. 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 of both the cases be quashed.

¶16

In view of the aforesaid, the entire impugned proceedings of both the cases, as stated above, including charge-sheet & cognizance / summoning order, against applicants, namely, Ramesh Chand, Dheeraj, Amit, Shivkant and Anil are hereby quashed .

¶17

The application u/s 528 BNSS is allowed .

¶18

Order Date :- 14.7.2025 Rama Kant

¶19

Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Ramesh Chand and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ramesh Chand and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases