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Neutral Citation No. - 2025:AHC:142424 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4760 of 2025 Applicant :- Mohsin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A., Raj Kumar Chauhan, Vivek Pandey Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Umair Mahmood, learned counsel for the applicants as well as Sri Sudhir Kumar Chandraul, learned AGA for the State and Sri Raj Kumar Chauhan for the opposite party no. 2.
3. This application u/s 528 of BNSS has been preferred to quash Impugned Charge Sheet No. 359 of 2023 and 359A of 2023 dated 17.06.2023 and 28.06.2023 respectively as well as Orders dated 22.09.2023 (State Vs. Shahid and Others) and (State vs. Mohsin) and (State vs. Faim Ahmed) passed by the Court of session Judge Bijnor. In session trial no. 1997 of 2023 and 1998 of 2023 respectively arising out of Case Crime No. 216 of 2023 Under Sections 323,504,307 I.P.C Police Station-Kotwali Shaher, District-Bijnor as well as quash the entire proceedings of the session trial no. 1997 of 2023 and 1998 of 2023 respectively arising out of Case Crime No. 216 of 2023 Under Sections 323,504,307 I.P.C Police Station-Kotwali Shaher, District-Bijnor in terms of compromise dated 03.10.2024.
4. This Court on 07.04.2025 proceeded to pass the following
order.-
"Learned counsel for both the parties jointly submitted that parties have settled their dispute with regard to the offences punishable under Sections 323, 504 and 307 of IPC on the basis of compromise dated 3.10.2024. The certified copy of the compromise is on record as Annexure No. 4 to the affidavit. It is further submitted that the both the parties are neighbours and fairly admit that charge has been framed and no evidence has been recorded till now. Both the parties are directed to appear before the Trial Court within six weeks from today. Trial Court is directed to verify the aforesaid compromise. Applicants are directed to file certified copy of the verified compromise as well as verification report to this Court by the next date of listing. Put up this case on 12.08.2025, as fresh. Till the next date of listing, further proceedings of S.T. No. 1997 of 2023 and 1998 of 2023, arising out of Case Crime No.216 of 2023, under Sections 323, 504, 307 of IPC, Police Station Kotwali Shaher, District Bijnor, pending in the court of Sessions Judge, Bijnor, shall remain stayed against the applicant."
5. A perusal of Annexure 4 at 51 of the paper book shows that the parties have entered into compromise on 03.10.2024, reference whererof has been made in para 11 of the application. Further, the supplementary affidavit dated 10.08.2025 shows that the compromise has been verified by the court below a copy whereof is at page 7 of the supplementary affidavit, reference whereof has been made in para 2 of the supplementary affidavit. Learned counsel for the applicant submits that once the parties have themselves compromised and the same stands verified, thus, nothing remains to be further proceeded and the proceedings be quashed. 6. Learned AGA as well as Sri Chauhan submits that the parties have entered into compromise and the same stands verified and the proceedings be quashed. 7. Considering the overall fact situation, bearing in mind the fact that parties have entered into compromise which stands verified by
the court below on 06.05.2025 and following the judgment of the Hon'ble Apex Court in Gian Singh vs State of Punjab & another: (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan: Criminal Appeal No. 349 of 2019, nothing remains to be further proceeded with. 8. Accordingly, the application stands allowed. 9.
The entire proceedings of Charge Sheet No. 359 of 2023 and 359A of 2023 dated 17.06.2023 and 28.06.2023 respectively as well as Orders dated 22.09.2023 (State Vs. Shahid and Others) and (State vs. Mohsin) and (State vs. Faim Ahmed) passed by the Court of Session Judge Bijnor. In session trial no. 1997 of 2023 and 1998 of 2023 respectively arising out of Case Crime No. 216 of 2023, under Sections 323,504,307 I.P.C Police Station-Kotwali Shaher, District-Bijnor, is quashed.
Order Date :- 20.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad