Chintu and 3 Others vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Chintu and 3 Others vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Session Trial No. 843 of 2021 (State Vs. Chintu Bansal and Others) against applicants Chintu, Mintu, Bujiram and Sumit, on the basis of the compromise verified by the Trial Court.

Issue for consideration

Whether the entire proceedings of Session Trial No. 843 of 2021, arising out of Case Crime No. 15 of 2020 under Sections 457, 323, 307, 506, 427, 392 I.P.C., can be quashed on the basis of the compromise arrived at between the parties.

Court's answer

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise between the parties by invoking powers under Section 528 BNSS; although proceedings for heinous offences like under Section 307 I.P.C. generally cannot be quashed on compromise, in the instant matter both parties are members of the same family, the injured has not sustained any serious injury, quashing would have no adverse impact on society, the applicants have no criminal antecedents, and the compromise has been verified by the Trial Court; therefore quashing would be in the interest of justice.

Ratio / Principle

The entire impugned proceedings of Session Trial No. 843 of 2021 against the applicants, namely Chintu, Mintu, Bujiram and Sumit, are quashed.

Key takeaways

The application under Section 528 B.N.S.S. is allowed.ratio¶16

Detailed headnote1 paragraphs

Quashing of criminal proceedings — Application under Section 528 BNSS — Entire proceedings of Session Trial No. 843 of 2021 (State Vs. Chintu Bansal and Others), arising out of Case Crime No. 15 of 2020 under Sections 457, 323, 307, 506, 427, 392 I.P.C., Police Station Tronica City, District Ghaziabad — Dispute between members of the same family amicably settled; compromise filed before the Trial Court pursuant to the High Court's order and duly verified — Injured sustained no serious injury and no case under Section 307 I.P.C. made out per counsel; no criminal antecedents of applicants; learned A.G.A. had no objection — Held: though proceedings for heinous offences like Section 307 I.P.C. generally cannot be quashed on compromise, quashing would be in the interest of justice; entire proceedings against applicants Chintu, Mintu, Bujiram and Sumit quashed; application allowed.

Neutral Citation No. - 2025:AHC:111510

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 9162 of 2025

Applicant :- Chintu And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Nirbhaya Kumar Mishra,Santosh Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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

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

The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been preferred for quashing of the entire proceedings of Session Trial No. 843 of 2021 (State Vs. Chintu Bansal and Others), arising out of Case Crime No. 15 of 2020, under Sections 457, 323, 307, 506, 427, 392 I.P.C., Police Station Tronica City, District Ghaziabad, pending before the Court of Additional District and Sessions Judge, Court No. 13, Ghaziabad, on the basis of compromise arrived at between the parties.

It has been submitted by the learned counsel for the applicants that alleged incident took place due to misconception and now both the parties have amicably settled the dispute and compromised the case. Both the parties are members of one and same family. In pursuance to order of this Court, both the parties have filed compromise before the Trial Court concerned, which has duly been verified by the Court, the certified copy of the same

is available on record. It was submitted that the injured has not sustained any serious injury and no case under Section 307 I.P.C. is made out. Referring to these facts, it was submitted that 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 quashed on the basis of compromise between the parties by invoking powers under Section 528 B.N.S.S. Generally, proceedings a heinous offences like under Section 307 I.P.C. can not be quashed on the basis of compromise but in the instant matter it appears that both the parties are members of the same family and that injured has not sustained any serious injury. In case, parties compromise the matter, it would not have any adverse impact on the society. There is nothing to indicate that applicants have any criminal antecedents. The compromise filed by the parties has already been verified by the Trial Court. In view of these facts and circumstances, it would be in the interest of justice, the impugned proceedings be quashed on the basis of compromise arrived at between the parties.

In view of the aforesaid, the entire impugned proceedings of the aforesaid session trial against applicants, namely, Chintu, Mintu, Bujiram and Sumit are hereby quashed.

The application u/s 528 B.N.S.S. is allowed.

Order Date :- 11.7.2025 SK Srivastava

Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad