SAMAR BAHADUR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
NA528/2061/2025 · 2025-12-10
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196038 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196038 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2061 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Sri Praveen Kumar Pandey, Advocate filed Vakalatnama on behalf of opposite party nos.2 and 3, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 and 3 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed mainly with the prayer to quash the impugned summoning order dated 23.07.2025 passed by Learned Additional Civil judge-8th (J.D)/J.M, District- Raebareli in Case No. 14528 of 2025, State Versus Samar Bahadur and Another, F.I.R./Case Crime No. 361 of 2024, Under Sections-115(2),352,110 B.N.S. (Corresponding section-323,504,308 I.P.C.) Police Station- Deh, District- Raebareli and quashing of the entire proceedings of the Case No. 14528 of 2025, State Versus Samar Bahadur Singh and Another, F.I.R./Case Crime No. 361 of 2024, Under Sections-115(2),352,110 Β.N.S. (Corresponding section-323,504,308 I.P.C.) Police Station- Deeh, District- Raebareli, pending in the Court of Learned Additional Civil judge-8th (J.D)/J.M, District- Raebareli and also prayed for quashing of the charge sheet No. 26 of 2025 dated 25.02.2025 submitted by Investigation officer against the applicants, contained as Annexure No. 1 and 2 to this application. 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. True/photocopy of the compromise which is said to have taken place between the parties is also filed before this Court as ANNEXURE NO. 4 to the application. 5. 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 Versus Counsel for Applicant(s) : Vivek Shukla Counsel for Opposite Party(s) : G.A. Samar Bahadur And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the parties concerned to appear before the trial court concerned within 2 weeks from today alongwith original compromise and the trial court is directed to verify the compromise within next 6 weeks. 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. 7.
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. 8. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed, if it has been filed, to the learned counsel for the applicants, after taking the photocopy of the same. December 10, 2025 A.Nigam NA528 No. 2061 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench