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2025 DAILYLAW 182075 (ALL)

AMIT KASHYAP AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER

/2089/2025 · 2025-12-09

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2089 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Power filed today by Shri Suraj Singh Visen, Advocate on behalf of opposite party no.2 is taken on record. Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party no.2 and perused the record. The present application has been filed with the prayer to quash the entire proceedings of Criminal Case No.109943 of 2025 (State vs. Amit Kashyap) as well as impugned charge sheet no.01 of 2025 dated 10.2.2025 arising out of Case Crime no.0003 of 2025 under Sections 296, 131, 352, 351(3) of BNS, 2023, Police Station Hasanganj, District Lucknow (West Commissionerate Lucknow), pending before the Judicial Magistrate Ist, Lucknow and summoning order dated 21.8.2025 passed by Judicial Magistrate, Ist, Lucknow. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 29.10.2025 (Original copy of the same is appended as annexure No.4 to the application). Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself. Versus Counsel for Applicant(s) : Anand Kumar Bajpai Counsel for Opposite Party(s) : G.A. Amit Kashyap And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s) Counsel for opposite party no.2 has no objection, in case compromise takes place. Both the parties are directed to appear before the concerned court within two weeks from today and file/pursue their compromise application. The court below is directed to pass an order on the said compromise application and all formalities will be completed within eight weeks from that date. Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, 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 applicants to approach this Court again for quashing of the proceedings. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. Registry is directed to return the original copy of the compromise deed to the learned counsel for the applicants after taking photocopy of the same. December 9, 2025 Sachin NA528 No. 2089 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench