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2025 DAILYLAW 200715 (ALL)

IMRAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/40149/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40149 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed to quash the impugned summoning order dated 13.12.2022 passed by learned Additional District and Sessions Judge, Court No. 6/Special Judge (D.A.A.) Firozabad as entire criminal proceeding of Complaint No. 2703 of 2021 (Farman Mulla Ji v. Imran and Others) under Section 392, 506 IPC at P.S. Matsena, District Firozabad pending in the Court of learned Additional District and Sessions Judge, Court No.6/Special Judge (D.A.A.) Firozabad in the light of compromise entered between the parties. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 28.02.2025, which has been placed as "Annexure No.-6" to the application. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in accordance with law. Versus Counsel for Applicant(s) : Shiv Shankar Kaithal Counsel for Opposite Party(s) : G.A. Imran And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. 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. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is disposed of. October 15, 2025 Aditya Tripathi NA528 No. 40149 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad