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2025 DAILYLAW 161045 (ALL)

MOHD. RAZI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1114/2025 · 2025-09-02

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1114 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Keshav Ram, Advocate has put in appearance on behalf of opposite party no. 2 by way of filing Vakalatnama, which is taken on record. Heard learned counsel for the applicants, Sri Keshav Ram, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 528 of BNSS has been filed with the prayer to quash the chargesheet no. 01, dated 28.10.2024, arising out of Case Crime No. 198 of 2024, under Sections 352, 351(3), 351(4) of BNS, Police Station Katka, District Ambedkar Nagar. 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 instant FIR has been lodged and criminal proceedings have been initiated against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 22.08.2025, which has been annexed as Annexure No. 3 to the instant application. He next added that now there is no grievance in between the parties with each other and the Versus Counsel for Applicant(s) : Dinesh Kumar, Neeraj Pal Counsel for Opposite Party(s) : G.A., Keshav Ram Mohd. Razi And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. On the other hand, learned counsel appearing for opposite party no. 2 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 opposite party no. 2 against the present applicants and the criminal proceedings against the applicants may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. 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. 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 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. For a period of three months, the proceedings initiated in pursuance of Case Crime No. 198 of 2024, under Sections 352, 351(3), 351(4) of BNS, Police Station Katka, District Ambedkar Nagar, shall remain stayed, so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the NA528 No. 1114 of 2025 2 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. Office is directed to return back the original compromise deed dated 22.08.2025 to learned counsel for the applicants within a week. September 2, 2025 kkv/ NA528 No. 1114 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench