NAUSHAD AHMAD ALIAS MUNNA v. STATE OF U.P. AND ANOTHER
NA528/4499/2025 · 2025-05-25
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18511 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18511 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:92417 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 4499 of 2025 Applicant :- Naushad Ahmad Alias Munna Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- Pradeep Kumar Tiwari,G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Jagadish Prasad Yadav, learned counsel for the applicant, Mr.Pradeep Kumar Tiwari, leaned counsel for the opposite party-2 and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed to quash the Charge Sheet No.118 of 2024 dated 24.08.2024 alongwith cognizance order dated 20.11.2024 as well as the entire proceeding of Case No.80895 of 2024 (State Vs. Naushad Ahmad @ Munna and others), arising out of Case Crime No. 198 of 2023, under Section 304 I.P.C., Police Station-Bhadohi, District-Bhadohi pending in the Court of Chief Judicial Magistrate, Bhadohi, on the basis of compromise dated 02.05.2024. 3. Learned counsel for the applicant submits that the parties have amicably settled their dispute out of Court and a compromise has been entered into between them, therefore, in this regard, a compromise affidavit on behalf of both the parties has been annexed as Annexure SCA-1 filed on 19.02.2025. Therefore, continuance of proceedings against the applicant would futile exercise and sheer wastage of time of the Court and will be an abuse of 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. 4. Learned AGA, 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 applicant 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. 5. In view of the above, both the parties are directed to appear
before the court below along with the certified copy of this order and be permitted to file a proper compromise deed as well as an application for verification of the same.
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 statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? 6. 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 applicant to approach this Court again for quashing of the proceedings. 7. Till verification of compromise between the parties by the court concerned, no interim has been granted in favour of applicant. 8. With the aforesaid directions, this application is finally disposed of. Order Date :- 26.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad