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2025 DAILYLAW 162300 (ALL)

DANISH @ MOHD. UMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 3 OTHERS

NA528/1137/2025 · 2025-09-03

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. - 1137 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Rahul Mishra, Advocate has put in appearance on behalf of opposite parties nos. 2, 3 and 4 by filing Vakalatnama, is taken on record. Heard learned counsel for the applicant, Sri Rahul Mishra, learned counsel appearing for opposite parties nos. 2, 3 and 4 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 dated 14.01.2025 filed in Criminal Misc. Case No. 572 of 2025; State Vs. Akib and others, arising out of FIR No. 0001 of 2025, under Sections 115(5), 351(2), 351(3), 3(5) of BNS, Police Station Kotwali Nagar, District Sultanpur and summoning order dated 06.02.2025, as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicant submits that the applicant is innocent and has 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 applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 26.08.2025, which has been annexed as Annexure No. 5 Versus Counsel for Applicant(s) : Satyendra Nath Mishra, Anjali Singh Counsel for Opposite Party(s): G.A. Danish @ Mohd. Umar .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. On the other hand, learned counsel appearing for opposite parties nos. 2, 3 and 4 has supported the version of the learned counsel for the applicant 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 applicant and the criminal proceedings against the applicant 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 applicant to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings initiated in pursuance of Criminal Misc. Case No. 572 of 2025; State Vs. Akib and others, arising out of FIR No. 0001 of 2025, under Sections 115(5), 351(2), 351(3), 3(5) of BNS, Police Station Kotwali Nagar, District Sultanpur NA528 No. 1137 of 2025 2 , shall remain stayed, so far as present applicant is concerned. 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. Office is directed to return back the original compromise deed dated 26.08.2025 to learned counsel for the applicant within a week. September 3, 2025 kkv/ NA528 No. 1137 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench