AYAZUDDIN @ AYAZ AND 8 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
NA528/942/2025 · 2025-08-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157040 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157040 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48368 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 942 of 2025 Applicant :- Ayazuddin @ Ayaz And 8 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Prateek Agrawal,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Prem Narayan Sharma Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants,
learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.
2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"It is necessary and expedient in the interest of justice that this Hon'ble Court may be pleased to quashing of the impugned charge sheet as well as impugned cognizance
order dated: 16.04.2025 (annexed as Annexure no.1 and Annexure no.2 with the affidavit) with respect to the Applicants in Sessions Case no. 620/2025 under section 318(4)/316(2)/ 191(2)/115(2)/352/351(3) B.N.S., 2023 and 3/5/21/23 The Banning of Unregulated Deposit Schemes Act, 2019, Police Station Bangarmau, District Unnao initiated vide First Information Report no.0351/2024 under sections 318(4)/ 316(2)/ 191(2)/ 115(2)/ 352/351(3) Β.Ν.Σ., dated: 16.09.2024, Police Station Bangermau, District Unnao pending in the Court of Additional District & Sessions Judge Court no.1, District Unnao."
3. At the very outset, learned counsel for the applicants submits that one of the co-accused, namely, Bablu @ Gayasuddin i.e. Applicant No.6, who also appeared in the compromise deed has been arrested and sent to jail on 05.08.2025 as is stated by learned counsel for the applicants. He submits that the compromise deed be also verified on behest of the applicant no.6. 4. Learned counsel appearing for the applicants
submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the present F.I.R. has been lodged against the applicants and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 28.07.2025, which has been annexed as annexure no. 6 to this application. He submits that now there is no grievance in between the parties and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. 5. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably while executing a compromise deed and there is no further grievance of the opposite parties against the present applicants, therefore, the criminal proceedings instituted against the applicants may be dropped. 6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. 8.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The Chief Judicial Magistrate is directed to ensure the presence of applicant no.6 i.e. Bablu @ Gayasuddin on the date fixed by the trial court concerned for verification of the compromise deed. 9. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 10. For a period of three months, the proceedings initiated in pursuance of the Sessions Case No. 620 of 2025, arising out of FIR No. 0351 of 2024 under Sections 318(4)/ 316(2)/ 191(2)/ 115(2)/ 352/ 351(3) of B.N.S., 2023 and 3/ 5/ 21/ 23 of the Banning of Unregulated Deposit Schemes (BUDS) Act, 2019, Police Station Bangarmau, District Unnao, shall remain stayed so far as applicants are concerned. 11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order. 12. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same.
Order Date :- 18.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench