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2025 DAILYLAW 193266 (ALL)

SANKATHA KUSHWAHA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/41619/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41619 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Sri Dwarika Prasad Shukla, learned counsel appears for the applicants and submits that the accused-applicants and opposite party nos. 3 and 4 have entered into compromise. The court has not considered the compromise and proceeded with the case because the case is of murder. He further submits that there are cross F.I.Rs. He further submits that there is no evidence in respect to the murder of Ram Jiyawan. He further submits that the matter is of year 2007 and fixed for arguments before the trial court , hence, he seeks interference of this Court to quash the charge-sheet and entire proceedings of the case as there is no evidence of murder and there is compromise between the parties. 2. Learned A.G.A. is present for State-opposite party no.1. 3. There is no point in issuing notices to opposite party no.3 and 4. 4. This Court is of the view, after considering the arguments of learned counsel for the parties, that the trial is complete; the matter is fixed for arguments; and compounding is not applicable in the offence of Section 302 I.P.C. The application does not have merit and deserves to be dismissed. 5. The application under Section 528 of B.N.S.S. is dismissed, accordingly. October 29, 2025 MN/- Versus Counsel for Applicant(s) : Dwarika Prasad Shukla Counsel for Opposite Party(s) : G.A. (Avnish Saxena,J.) Sankatha Kushwaha And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad