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2025 DAILYLAW 25035 (ALL)

ANSAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6974/2025 · 2025-03-03

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30957 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6974 of 2025 Applicant :- Ansar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Mr. K.K. Tiwari, learned counsel has filed his Vakalatnama on behalf of the opposite party no.2 today in the Court, which is taken on record. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed to quash the charge sheet no.328 of 2024, dated 23.12.2024 and cognizance/summoning order dated 17.01.2025 as well as the entire proceeding of Criminal Case No.94 of 2025 (State vs. Ansar and Others), arising out of Case Crime No.476 of 2024, under Sections 85, 115(2), 352, 351(1) BNS and Section 3/4 D.P. Act, Police Station-Noorpur, District-Bijnor, pending before the court of Civil Judge (JD)/JM, Chandpur, Bijnor on the basis of compromise. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties and they are decided to live separately. In this regard, a compromise deed on behalf of both the parties has been filed before the court concerned, copy of the same has been appended as Annexure No.5 of this application. Therefore, continuance of proceedings against the applicants would futile exercise and wastage of time of the Court and will be abuse of 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 AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, both the parties are directed to appear before the court below along with an application for verification of compromise deed as well as a 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 statement 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 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 finally disposed of. Order Date :- 4.3.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad