BRAJBHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
NA528/1029/2025 · 2025-08-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159141 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159141 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1029 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Vakalatnama filed by Shri B.B. Mishra, Advocate on behalf of opposite party nos.2 and 3 is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Shri B.B. Mishra, learned counsel for opposite parties no. 2 and 3 and perused the record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge sheet dated 12.01.2025 and order of cognizance and summoning order dated 24.07.2025 contained as Annexure No.1 and 2 to this petition passed by learned Additional Civil Judge (S.D.), Court No.1, Hardoi, (State Vs. Brajbhan Singh, in Case No.44726 of 2024, arising out of Case Crime No.250 of 2024, under Section 109(1), 351(3), 118(1) of BNSS, Police Station- Sawayajpur, District- Hardoi on the basis of compromise dated 12.08.2025. 4. This Court has noticed that the injuries are simple in nature, as opined by the doctor and even the injury which was kept for observation, was also found to be normal. 5. 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 due to some misunderstanding, the Versus Counsel for Applicant(s) : Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Brajbhan Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 12.08.2025, which has been annexed as annexure nos.1 & 2 of the instant application. He next added that now there is no grievance in between the parties with each other 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. 6. On the other hand, learned counsel appearing for the opposite parties no.
2 and 3 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. 7. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 8. 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. 9. 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. 10. 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. 11. For a period of three months, the proceedings initiated in pursuance of the impugned charge sheet dated 12.01.2025 and NA528 No. 1029 of 2025 2
summoning order dated 24.07.2025 in Case No. 44726 of 2024 (State Vs. Brajbhan Singh) arising out of Case Crime No. 250 of 2024, under Section 109(1), 351(3), 118(1) of BNSS, Police Station- Sawayajpur, District- Hardoi, shall remain stayed as far as the present applicants are concerned. 12. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. 13.
Office is directed to return back the compromise deed dated 12.08.2025 to learned counsel for the applicants within a week. August 25, 2025 Haseen U. NA528 No. 1029 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench