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2025 DAILYLAW 24890 (ALL)

CHAND BABU @ MOHD CHAND v. STATE OF U.P. AND ANOTHER

NA528/6895/2025 · 2025-09-24

Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6895 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record. 3. Instant application under Section 528 BNSS, has been filed by the applicant with prayer to quash the impugned criminal proceedings of the Criminal Case No.918 of 2012, arising out of Case Crime No.331 of 1999, under Sections 452, 307 and 504 IPC P.S. Mantola, District Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Agra. 4. Learned counsel for the applicant submits that present case was lodged at the instance of Sahab Uddin @ Salahuddin against the applicant Chand Babu @ Mohd. Chand with allegations that on instigation of accused Ayoob who is sons accused Hazi Aziz had fired a shot and the informant, but coincidentally which hit his uncle- in-law Hazi Muqim in his left hand. In medico legal examination report of Hazi Muqim two lacerated wounds were found on his left hand, but doctor had not found any gun powder blackening of tattooing around the wounds, but bleeding was present. The police investigated the case and filed final report in favour of accused persons, as for want of evidence. The court below issued notice to the informant to file his objections on final report on 22.08.2001, but he never appeared to file any objection. On 16.05.2012 learned trial court suomoto took Versus Counsel for Applicant(s) : Azhar Hussain Counsel for Opposite Party(s) : G.A., Rahul Saxena Chand Babu @ Mohd Chand .....Applicant(s) State of U.P. and Another .....Opposite Party(s) cognizance of the offence against applicant under Section 119(1)(b) Cr.P.C. and rejected the final report. 5. The trial has yet to commence, as the case was still fixed for appearance of the accused persons. One accused Ayoob has died and remaining three accused are facing trial. The injured Hazi Muqim also died on 25.12.2023 fore reasons unconnected with the present case. 6. Learned counsel for the applicant next submitted that informant and accused persons have compromised the matter and resolved their dispute amicably and no dispute remains between the informant and surviving accused persons after the compromise. 7. Learned counsel for the applicant submits that initially the informant and applicant Mohd. Chand and co-accused Nasir had filed a compromise and subsequently another compromise was reached between the informant and Mohd. Adil. Copy of both the compromises are filed alongwith affidavit of the informant as Annexure to the supplementary dated 23.07.2025. 8. Learned counsel for the applicant further submits that necessary direction may be issued to the court below for verification of the compromise. 9. Per contra, learned counsel for the opposite party No.2 expressed his concurrence to the prayer made on behalf of the applicant. 10. The parties are directed to appear before the court below on 16.10.2025 and submit a compromise bearing signature and photographs of the parties and learned trial court after recording his satisfaction about genuineness of the compromise may verify the same and certified copy of the compromise entered into between the informant and surviving accused persons may be filed by the applicants/accused through another petition under Section 528 BNSS, praying for quashing of proceedings in terms of compromise. 11. The petition stands disposed of. NA528 No. 6895 of 2025 2 12. For a period of one month or verification of compromise, which ever is earlier no coercive process shall be adopted against the applicant by the court below. September 25, 2025 Ashish/- NA528 No. 6895 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad