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2025 DAILYLAW 188547 (ALL)

ANUJ AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

NA528/1677/2025 · 2025-11-11

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1677 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Sri Saad Mohd. Aslam, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 3. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 4. The instant application has been filed with the following prayer:- "To quash the criminal proceedings of Case No. 32550/2025 (State vs. Anuj and others) pending before learned C.J.M court no.18, Barabanki, under section 333, 115(2), 352, 351(3), 110, 3(5) B.N.S & Now 452, 323, 504, 506, 308, 34 IPC, Police Station- Kotwali, District- Barabanki arising out of chargesheet no. 01/2024, dated 12.12.2024 filed in pursuance to the F.I.R No. 1028/2024, under section 333, 115(2), 352,351(3), 110, 3(5) B.N.S & Now 452, 323, 504, 506, 308, 34IPC, Police Station- Kotwali, District- Barabanki as well as chargesheet mentioned above and summoning order dated 25.07.2025 on the basis of compromise as the first informant is not willing to continue criminal proceeding against the petitioners." 5. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.1 Versus Counsel for Applicant(s) : Shahid Salam, Farhan Ahmad Khan, Mohammad Shamim Counsel for Opposite Party(s) : G.A. Anuj And 3 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) of the supplementary affidavit. 6. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 7. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, 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. 8. The court concerned 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 one month, no coercive action shall be taken against the applicants in the aforesaid case. 10. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants, after taking the photocopy of the same. November 11, 2025 Arpan NA528 No. 1677 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench