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2025 DAILYLAW 180242 (ALL)

MERAJ AND 5 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

NA528/2137/2025 · 2025-12-17

Divesh Chandra Samant

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2137 of 2025 Court No. - 29 HON'BLE DIVESH CHANDRA SAMANT, J. 1. Sri Upendra Prakash Pathak, Advocate, put in appearance on behalf of opposite party Nos. 2 to 5 and filed vakalatnama, which is taken on record. 2. Heard learned counsel for the applicants, Sri Upendra Prakash Pathak, learned counsel for the opposite party Nos. 2 to 5, learned A.G.A. for the State and perused the record. 3. The present 528 B.N.S.S. application has been filed to quash the entire proceeding of Criminal Case No. 1184 of 2024(State Vs. Meraj and Others), arising out of Case Crime No. 352 of 2024, under Sections 3(5), 109, 191(2), 191(3), 115(2), 351(2), 118(1), 118(2), 117(2) B.N.S.(Old Sections-34, 307, 147, 148, 323, 506, 324, 326, 325 I.P.C.), Police Station-Tikaitnagar, District-Barabanki as well as chargesheet dated 04.10.2024 and cognizance/summoning order dated 11.11.2025 passed by Additional Chief Judicial Magistrate, Court No. 25, Barabanki. 4. Learned counsel for the applicants submits that now parties have entered into compromise by way of compromise deed dated 02.12.2025, therefore, this Court may please to quash the proceeding for which learned A.G.A. and learned counsel for the opposite party Nos. 2 to 5 have no objection. 5. Whether the parties have, in fact, compromised the matter or not, can Versus Counsel for Applicant(s) : Pooja Yadav Counsel for Opposite Party(s) : G.A. Meraj And 5 Others .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Opposite Party(s) 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 Court concerned that if any such compromise is filed before it within two weeks, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within two weeks. If the aforesaid compromise is verified, a report to that effect shall be prepared by the Trial Court and the compromise will be made part of the record. 7. The Trial 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 the period of one month, impugned summoning order dated 11.11.2025 and any process issued pursuant thereto, shall not be given effect qua the present application. 9. 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. December 17, 2025 ADY NA528 No. 2137 of 2025 2 (Divesh Chandra Samant,J.) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad, Lucknow Bench