HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 47351 of 2025 Court No. - 81 HON'BLE CHAWAN PRAKASH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Lalit Kumar Misra, learned counsel for the opposite party nos. 2 and 3. None present for the opposite party nos. 4 and 5. 2. The present application under Section 528 B.N.S.S. has been filed for quashing the order dated 20.11.2025 passed by the learned Additional Chief Judicial Magistrate, 4th, Bareilly in Complaint Case No. 955 of 2025 and also direct the concerned court to issue a fresh summoning order against the opposite parties under the appropriate section or under Sections 323, 504, 307, 427 I.P.C. in which first information report was lodged at Police Station Baradari, District Bareilly. 3. It is submitted by learned counsel for the applicant that a first information report was registered as Case Crime No. 510 of 2019, under Sections 323, 504, 307, 427 I.P.C. at Police Station Baradari, District Bareilly against the opposite party nos. 2 to 5. The applicant filed Criminal Misc. Writ Petition before this Court with prayer to direct the Investigating Officer to conduct fair and impartial investigation within stipulated period. The said writ petition was allowed vide order dated 09.07.2019. Thereafter the applicant as well as opposite party nos. 2 to 5 filed a compromise affidavit on 22.06.2019 before the Investigating Officer. In terms of compromise entered into between the parties, the opposite party no. 2 to 5 gave two cheques of a sum of Rs. 99 lacs each in favour of the applicant and also paid Rs. one lac in cash. When these Versus Counsel for Applicant(s) : Satya Prakash Mishra Counsel for Opposite Party(s) : Lalit Kumar Misra, Prajjwal Yadav, Yadvendra Kumar Yadav, G.A. Mohd Aslam .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) cheques were presented for encashment, the same were dishonoured due to insufficient fund. The applicant asked the opposite party no. 2 to abide by the terms and conditions of the compromise but they denied the same. Thereafter the applicant filed an application before the Additional Director General of Police, Bareilly on 06.01.2020, who directed the Senior Superintendent of Police, Bareilly for taking proper action. The Investigating Officer filed final report on 23.09.2019 in pursuance of the compromise entered into between the parties. When the opposite party no. 2 did not comply with the terms of the compromise entered into between them, the applicant filed protest petition before the learned Magistrate. The same was allowed and was registered as complaint case. Statement of the applicant was recorded under Section 200 Cr.P.C. and statements of witnesses namely Sadakat Husain and Husnain Khan under Section 202 Cr.P.C. were recorded. The learned Magistrate has summoned the opposite party nos. 2 to 5 under Sections 324, 325/34 I.P.C. wherein a criminal case under Sections 323, 504, 506, 327 I.P.C. is made out. The learned Magistrate has not taken into consideration the medical examination report and supplementary report, which clearly indicate that the injuries were of grievous in nature and a fracture was found on the skull of the applicant. It is further submitted that the impugned summoning order has been passed in very casual manner whereas prima facie case is made out against the opposite party nos. 2 to 5, therefore, the same is liable to be set aside and the concerned Magistrate may be directed to summon the accused persons opposite party nos. 2 to 5, under Sections 323, 504, 307, 427 I.P.C. 5. Per contra, learned counsel for the opposite party nos. 2 to 5 opposed the submissions made by learned counsel for the applicant and submitted that the applicant lodged a first information report on the basis of false and baseless allegations. After the incident, the applicant was medically examined and doctor has opined that the injuries are of grievous nature. In the medical examination report and supplementary report, nowhere stated that the injuries were dangerous in nature. The learned Magistrate has taken into consideration the statements of applicant and witnesses under Sections 200 and 202 Cr.P.C. and given a detailed reasoned order in passing the impugned order. No offence is made out against them. The NA528 No. 47351 of 2025 2 learned Magistrate has rightly passed the impugned order, therefore, the application is liable to be dismissed. 6. As per facts of this case, a first information report as Case Crime No. 510 of 2019, under Sections 323, 504, 307, 427 I.P.C. at Police Station Baradari, District Bareilly against the opposite party nos. 2 to 5. with the allegation that on 04.05.2019 at about 7.00 P.M. when the applicant was going to his field, Javed Husain, Hamid Husain, Arsad and Kaleem were also present. They asked him to withdraw the suit but he refused, on which the accused persons started beating him with sticks and rod. Hamid, Javed and Arsad were having knife in their hands. Javed attacked him with knife with intention to kill him whereas Kaleem throttled his neck with intention to kill him. He became unconscious and fell on the ground. During investigation, the applicant as well as opposite party nos. 2 to 5 filed a compromise and final report was submitted by the Investigating Officer. Thereafter a protest petition was filed by the applicant. The statement of the applicant under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C. were recorded. The learned Magistrate has summoned the opposite party nos. 2 to 5 under Sections 324, 325/34 I.P.C. The learned Magistrate has taken into consideration the medical report, supplementary report and X-ray report that the injuries are of simple in nature, which were caused by hard and blunt object. The injury inflicted on the neck of the applicant was simple in nature. There is no illegality in passing the impugned order and the same has been passed as per facts of the case. 7. The application being devoid of merit, is accordingly dismissed. April 1, 2026 Rmk. NA528 No. 47351 of 2025 3 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad