BHUPENDRA ALIAS BHOOPA v. STATE OF U.P. AND 2 OTHERS
NA528/5406/2025 · 2025-04-23
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20428 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20428 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62653 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5406 of 2025 Applicant :- Bhupendra Alias Bhoopa Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Punam Purwar,Vijay Tripathi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Vijay Tripathi, learned counsel for the applicant and Mr. P.K. Singh, learned counsel for the State. The instant application has been filed to quash the charge sheet dated 21.07.2021 as well as entire proceedings of Case No.11309 of 2021 (State Vs. Bhupendra @ Bhoopa), arising out of Case Crime No.129 of 2021, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Tejganj, District-Agra, pending in the court of Chief Judicial Magistrate, Agra.
Learned counsel for the parties submit that the parties have amicably settled their dispute and have entered into compromise. In this regard, compromise deed on behalf of both the parties has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, certified copy of said compromise deed has been annexed as Annexure no.4 to this application. From order dated 23.10.2024 passed by Court below, it is evident that compromise deed has been moved before the Court concerned, certified copy of the
order has also been annexed as Annexure-5 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. Learned A.G.A. has no objection to the aforesaid. In view of the above, the parties are directed to appear before the court below along with an application as well as certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of
parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court 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 order verifying the compromise deed and it will be open to the applicant to approach this Court again for quashing of the proceedings. For a period of two months or till verification of compromise between the parties by the Court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. With the aforesaid directions, this application is finally disposed of.
Order Date :- 24.4.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad