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2025 DAILYLAW 162142 (ALL)

BADAL SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. U.P. LKO. AND 2 OTHERS

NA528/1189/2025 · 2025-09-09

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1189 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet filed in Case Crime No.0132/2024, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act, to quash the the cognizance/summoning order dated 17.06.2025 passed in the aforesaid case crime number and to quash the entire proceedings of Case No.64272/2025 (State Vs. Badal Singh and others), pending in the Court of learned A.C.J.M. 3rd, Court No. 27, Lucknow on the ground that the parties have arrived at a settlement/compromise. 3. 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 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 28.05.2025, 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 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 Versus Counsel for Applicant(s) : Avinash Dixit, Indra Jeet Singh, Rajnish Maurya Counsel for Opposite Party(s) : G.A. Badal Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. U.P. Lko. And 2 Others .....Opposite Party(s) applicants may be quashed. 4. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 5. 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. 6. 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. 7. 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. 8. For a period of three months, the further proceedings of Case No.64272/2025 (State Vs. Badal Singh and others), pending in the Court of learned A.C.J.M. 3rd, Court No. 27, Lucknow, shall remain stayed, so far as present applicants are concerned. 9. 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. 10. The applicants are directed to produce the original compromise deed before the learned trial Court. 11. Office is directed to return the original compromise deed, if any, to the applicants within a week. September 9, 2025 MVS/- NA528 No. 1189 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench