Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 202928 (ALL)

SUNIL KUMAR TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1628/2025 · 2025-10-28

Pramod Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1628 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the parties and perused the record. By means of the instant application, the applicant has approached this Hon'ble Court under its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (now corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), with the prayer to quash the impugned Charge Sheet dated 01.09.2025, the impugned summoning order dated 22.09.2025, as well as the entire proceeding of Case No. 2774/2025 (State Of U.P. Vs Sunil Trivedi), arising out of Case Crime No. 187 of 2025, under Sections- 127(2), 74, 352, 132, 351(2) B.N.S., P.S.-Haidergarh, District-Barabanki, pending before the Court of learned Additional Chief Judicial Magistrate, Court No 17, Barabanki. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 25.08.2025 which has been annexed as annexure no. 6 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. Versus Counsel for Applicant(s) : Raj Kumar Singh, Faizal Hashmi, Tauseef Ali Ansari, Zoheb Ahmad Counsel for Opposite Party(s) : G.A. Sunil Kumar Trivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the 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. 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. For a period of three months, the proceedings initiated in pursuance of the charge sheet dated 01.09.2025, the impugned summoning order dated 22.09.2025, as well as the entire proceeding of Case No. 2774/2025 (State Of U.P. Vs Sunil Trivedi), arising out of Case Crime No. 187 of 2025, under Sections- 127(2), 74, 352, 132, 351(2) B.N.S., P.S.-Haidergarh, District-Barabanki, shall remain stayed so far as applicants are concerned. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. October 28, 2025 Haseen U. NA528 No. 1628 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench