Allowed¶14

Nitesh Bhatnagar and 3 Others v. State of U.P. and Another

Allahabad HC17 Apr 2025NA528/7528/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on basis of compromise; application under Section 528 BNSS allowed; S.T. No. 58 of 2023 arising out of case no. 137 of 2022; Sections 392, 323, 506, 120-B IPC; P.S. Kotwali Orai; District Jalaun; Special Judge (D.A.A.), Jalaun at Orai; applicants Nitesh Bhatnagar, Vishal, Aasif, Jitendra Kumar Gupta; compromise verified pursuant to order dated 07.03.2025; private dispute, no serious impact on society; no criminal antecedents; no injury; A.G.A. no objection; High Court of Judicature at Allahabad; Raj Beer Singh, J.; decided 18.4.2025.

What did the court decide?

Quashing of the entire proceedings of S.T. No. 58 of 2023 against the applicants Nitesh Bhatnagar, Vishal, Aasif and Jitendra Kumar Gupta, on the basis of the compromise between the parties. ¶14

Nitesh Bhatnagar and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:57692

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 7528 of 2025 Applicant :- Nitesh Bhatnagar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Ravat Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed in Court today, is taken on record.

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

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The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings of S.T. No. 58 of 2023, arising out of case no. 137 of 2022, under Sections 392, 323, 506, 120-B IPC, P.S. Kotwali Orai, District Jalaun, pending in the court of Special Judge, (D.A.A.), Jalaun at Orai, on the basis of compromise arrived at between the parties.

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It has been submitted by learned counsel for the applicants that the impugned complaint was lodged due to misconception and that the dispute between the parties is private in nature and now both the parties have amicably settled the dispute and compromised the matter. The complainant of the case does not want to pursue the impugned proceedings against the applicants. It was submitted that in pursuance of the order dated 07.03.2025 passed by this Court, the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which has been annexed along with the supplementary affidavit. 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

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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 between the parties. In the instant case, it appears that the dispute between the parties is private in nature and it would not have any serious impact on society if parties compromise the matter. There is nothing to indicate that parties have any criminal antecedents. None of the party has sustained any injury. 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, the impugned proceedings of the aforesaid case against applicants, namely Nitesh Bhatnagar, Vishal, Aasif and Jitendra Kumar Gupta are hereby quashed.

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The application under Section 528 BNSS is hereby allowed . Order Date :- 18.4.2025 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Nitesh Bhatnagar and 3 Others v. State of U.P. and Another

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