SURESH CHANDRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4393/2025 · 2025-04-02
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16364 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16364 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:46546 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 4393 of 2025 Applicant :- Suresh Chandra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Mr. Pankaj Mishra, Advocate appearing on behalf of opposite party no.2 has filed his vakalatnama in the Court today, which is taken on record. Heard Mr. Sanjay Mishra, learned counsel for the applicants, Mr. Pankaj Mishra, learned counsel for the opposite party no.2 as well as Mr. P.K. Singh, learned A.G.A. for the State. The present 528 BNSS application has been filed to quash the impugned Summoning order dated 16.07.2021 along with the entire proceedings of Special Case No.429 of 2020 (Man Singh vs. Bhole Singh & Others), under Sections 392 and 504 I.P.C., Police Station- Bharthana, District- Etawah, pending in the court of Special Judge DAA Court, Etawah, on the basis of compromise.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. In this regard, an application along with compromise deed on behalf of both the parties has been filed before the court below stating therein that they have entered into compromise and they do not want to press the case, copy of said application has been annexed as Annexure no.6 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.
Learned counsel for the opposite party no.2 does not dispute the correctness of the submissions made by the learned counsel for the applicants.
Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, both the parties are directed to appear before the court below for verification of the compromise deed as well as a certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of.
Order Date :- 3.4.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad