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2025 DAILYLAW 2360 (ALL)

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

NA528/50429/2025 · 2026-04-27

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50429 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Umair Mahmood, learned Counsel for the applicant, Mr. Mohd. Akram, learned Counsel for opposite party no.2 and learned A.G.A.for the State. 2. The present application has been filed under Section 528 BNSS by the applicant with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire criminal proceedings of charge sheet No. 751 of 2018 dated 09.12.2018 (State Versus Shameem & others), arising out of Case Crime No. 707 of 2013, Under Sections 308, 323, 504, 506 I.P.C., Police Station Kotwali City, District Bijnor, as well as cognizance order dated 23.06.2022, in terms of compromise dated 06.11.2025. 3. Learned Counsel for applicant and opposite party no.2 submit that the matter has been compromised between parties. 4. Learned A.G.A. for the State submits no objection if the parties approach Trial Court to file compromise in the given circumstances. 5. Whether the parties have entered into compromise, can best be adjudicated by the Trial Court. As such, the parties may appear before the Trial Court concerned and file the compromise entered into between the parties within 30 days, which shall be verified by the Trial Court. Versus Counsel for Applicant(s) : Umair Mahmood Counsel for Opposite Party(s) : G.A., Mohammad Akram Shameem And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. No compromise shall be entertained by the Trial Court if the informant/victim and accused are not signatories and appear before the Court of its verification. In case of exigency, the Trial Court shall apply its mind and pass appropriate order. 7. For a period of two months, the proceedings of the Trial Court shall be kept in abeyance, if the compromise is filed and verified within stipulated period, otherwise, the Trial Court shall continue with the trial. 8. All the parties, who files compromise and get it verified, shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding. 9. Office is directed to send the original compromise for verification before the trial court after retaining the photostat copy of the same. 10. In view of above, the application under Section 528 B.N.S.S. is, accordingly, disposed of. April 28, 2026 v.k. updh. NA528 No. 50429 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad