SUNIL KUMAR JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND 2 OTHERS
NA528/1420/2025 · 2025-09-26
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 167650 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167650 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1420 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Sri Suresh Kumar Yadav, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no.3 and the same is taken on record. Supplementary affidavit filed on behalf of the applicant is also taken on record. 2. Heard learned counsel for the applicants, Sri Suresh Kumar Yada, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the prayer to set aside the entire criminal proceedings of Sessions Trial No. 599 of 2025, "State Versus Sunil Kumar Jaiswal" pending before learned District & Sessions Judge, Lucknow arising out of Crime No.0043 of 2025, Under sections-137(2) & 87 of Bhartiya Nyaya Sanhita (BNS) 2023 Police Station- Ghazipur District- Lucknow along with cognizance order dated 08.03.2025 along with chargesheet dated 08.03.2025 as contained in Annexure No.2 to this petition.4. 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 under 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 28.08.2025, which has been annexed as annexure no. 4 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 applicants may be quashed. Versus Counsel for Applicant(s) : Aman Agarwal Counsel for Opposite Party(s) : G.A. Sunil Kumar Jaiswal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And 2 Others .....Opposite Party(s)
5. On the other hand, learned counsel appearing for the opposite parties 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 the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. 6.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7. 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. 8. 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. 9. 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. 10. For a period of three months, the proceedings initiated in pursuance of the Sessions Trial No. 599 of 2025, "State Versus Sunil Kumar Jaiswal" pending before learned District & Sessions Judge, Lucknow arising out of Crime No.0043 of 2025, Under sections-137(2) & 87 of Bhartiya Nyaya Sanhita (BNS) 2023 Police Station- Ghazipur District-Lucknow , shall remain stayed so far as applicants are concerned. 11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order. 12. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. September 26, 2025 Haseen U. NA528 No. 1420 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench