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2025 DAILYLAW 161005 (ALL)

KHUSHBU KINNAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1105/2025 · 2025-09-01

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1105 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Sri Ajay Veer Singh, Advocate, has put in appearance by way of filing his Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, as well as learned A.G.A. for the State and perused the record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the consequential proceeding of S.T. No.1009/2025 (State Vs. Ayyub @ Bholu & others) under Sections 109, 324(4), 115(2), 352, 351(3), 333 and 316(2) BNS lodged at Police Station Baldirai, District Sutanpur, to quash the the charge-sheet dated 08.05.2025 filed in the aforesaid case crime number and summoning order dated 30.05.2025 passed in the aforesaid case, so far as they relate to the applicant, on the ground that the parties have arrived at a settlement/compromise. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 21.05.2025, a copy of which has been annexed as Annexure-5 to 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 applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed. Versus Counsel for Applicant(s) : Rahul Mishra Counsel for Opposite Party(s) : G.A. Khushbu Kinnar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 5. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through the compromise deed and there is no further grievance of the opposite parties against the present applicant and the criminal proceedings against the applicant may be dropped. 6. This Court has also noticed at page-46 appended along with the application that the injuries are simple in nature and, therefore, the ratio of judgment of the Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and Others, reported in (2019) 5 Supreme Court Cases, 688 does not attract in the present case. 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 trial Court as such compromise has to be duly verified in presence of the parties concerned before the trial Court. 9. Accordingly, this application is disposed of with a direction to the trial 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 applicant to approach this Court again for quashing of the proceedings. 11. For a period of three months, the further proceeding of S.T. No.1009/2025 (State Vs. Ayyub @ Bholu & others) shall remain stayed, so far as present applicant is 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. The applicant is directed to produce the original compromise deed dated 21.05.2025 before the learned trial Court. 14. Office is directed to return the original compromise deed, if any, to the NA528 No. 1105 of 2025 2 applicant within a week. . [Shree Prakash Singh, J.] September 1, 2025 MVS/- NA528 No. 1105 of 2025 3 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench