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2025 DAILYLAW 185893 (ALL)

DINESH @ DINESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

/1825/2025 · 2025-11-19

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1825 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Short counter affidavit filed on behalf of the opposite party nos.2 and 3 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party nos. 2 and 3 and perused the record. 3. This application under Section 482 Cr.P.C./528 B.N.S.S has been filed for quashing the charge-sheet dated 24.07.2025 and summoning order dated 04.058.2025 passed by the learned Judicial Magistrate Safipur, District Unnao as well as entire proceedings of Criminal Case No. 885 of 2025 (State Vs. Prince @ Kallu and another) arising out of Case Crime No.0186 of 2025, under Sections 109, 3(5), 118(2) B.N.S. and Section 25/27 and 30 Arms Act, Police Station-Fatehpur Chaurasi, District Unnao. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 27.10.2025 (Original copy of the same is appended as annexure No.A-9 to the application). 5. 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) : Suresh Chandra Shukla Counsel for Opposite Party(s) : G.A. Dinesh @ Dinesh Kumar And Another .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) 6. Counsel for opposite party nos. 2 and 3 has no objection, in case compromise takes place. 7. Both the parties are directed to appear before the concerned court below and file/pursue their compromise application within two weeks. The court below is directed to pass an order on the said compromise application and all formalities will be completed within six weeks from that date. The concerned Magistrate will sent a report to this Court whether the said compromise took place or not. 8. 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. 9. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. 10. 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. November 19, 2025 Preeti NA528 No. 1825 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench