Vijay and 3 Others v. State of U.P. and Another

Allahabad HC10 Aug 2025NA528/9073/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; inherent powers; quashing criminal proceedings on compromise; charge-sheet dated 19.11.2020; cognizance/summoning order dated 06.09.2022; Case No. 10882 of 2022; Case Crime No. 605 of 2020; Sections 323, 504, 506 IPC; P.S. Jagdishpura; District- Agra; A.C.J.M.-Ist, Agra; applicants Vijay, Kela, Shiv Prasad, Sani; A.G.A. no objection; application allowed; Order Date 11.8.2025; High Court of Judicature at Allahabad; Court No. 71; Neutral Citation 2025:AHC:135783.

What did the court decide?

Application u/s 528 BNSS allowed; entire impugned proceedings, including charge-sheet dated 19.11.2020 and cognizance/summoning order dated 06.09.2022, of Case No. 10882 of 2022 against applicants Vijay, Kela, Shiv Prasad and Sani quashed on the basis of the verified compromise. ¶¶14

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceedings, including the charge-sheet dated 19.11.2020 and the cognizance/summoning order dated 06.09.2022, of Case No. 10882 of 2022 (arising out of Case Crime No. 605 of 2020, under Sections 323, 504, 506 IPC) can be quashed on the basis of a compromise between the parties by invoking the inherent powers under Section 528 BNSS.

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Court's answer

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise by invoking the inherent powers enshrined under Section 528 BNSS.

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Ratio / Principle

In the instant case the matter relates to a private dispute between the parties; if the parties compromise, it would have no adverse impact on society.

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Key takeaways

There is nothing to indicate that the applicants have any criminal antecedents, and the compromise filed by the parties before the trial court has already been verified by the court concerned.ratio¶¶12
The entire impugned proceedings, including the charge-sheet and cognizance/summoning order, of the said case against the applicants Vijay, Kela, Shiv Prasad and Sani are hereby quashed.ratio¶¶13

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 71) — Application u/s 528 BNSS No. 9073 of 2025 (Neutral Citation 2025:AHC:135783); coram Raj Beer Singh, J.; Order Date 11.8.2025. Criminal proceedings — quashing on compromise — inherent powers under Section 528 BNSS. The entire proceedings of Case No. 10882 of 2022 (State Vs. Vijay and others), arising out of Case Crime No. 605 of 2020 under Sections 323, 504, 506 IPC, P.S. Jagdishpura, District- Agra — including charge-sheet dated 19.11.2020 and cognizance/summoning order dated 06.09.2022 — pending before A.C.J.M.-Ist, Agra, were quashed on the basis of a compromise between the parties. Grounds: quashing on compromise in appropriate cases is permissible under Section 528 BNSS; the matter is a private dispute with no adverse impact on society; applicants show no criminal antecedents; the compromise was verified by the trial court; learned A.G.A. had no objection. Applicants: Vijay, Kela, Shiv Prasad and Sani.

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Neutral Citation No. - 2025:AHC:135783

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 9073 of 2025

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Applicant :- Vijay And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi 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 for quashing of the entire proceedings, including charge-sheet dated 19.11.2020 as well as cognizance / summoning order dated 06.09.2022, of Case No. 10882 of 2022 (State Vs. Vijay and others), arising out of Case Crime No.605 of 2020, under Sections 323, 504, 506 IPC, P.S.Jagdishpura, District- Agra, pending in the court of A.C.J.M.- Ist, Agra, 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 and the injured do not want to pursue the impugned proceedings. In the alleged incident no one has sustained any 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

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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, 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 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 charge-sheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Vijay, Kela, Shiv Prasad & Sani are hereby quashed.

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The application u/s 528 BNSS is allowed .

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Order Date :- 11.8.2025

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'SP'/-

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

Vijay and 3 Others v. State of U.P. and Another

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Vijay and 3 Others v. State of U.P. and Another

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