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2025 DAILYLAW 2554 (ALL)

SONU ALIAS MOHD IRFAN AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/48442/2025 · 2026-05-13

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 48442 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Tej Om Prakash Gupta, learned Counsel for the applicants, Mr. Shiv Shankar Kaithal, learned Counsel for opposite party nos.2 and 3 and learned A.G.A.for the State. 2. The present application has been filed under Section 528 BNSS by the applicants with the following prayer: "It is, therefore, Most Respectfully, prayed that this Hon'ble Court may kindly be pleased to allow this application and decide the case on the terms of compromise and quash the entire proceeding of Case No. 885 of 2014 (State Vs. Sonu @ Irfan and others) arising out of Case Crime No. 454 of 2013, under section 323, 324, 504, 307, I.P.C. P.S. Rasoolpur District Firozabad as well as cognizance order dated 26.2.2014, pending before Ld. Court Chief Judicial Magistrate, Firozabad." 3. Learned Counsel for applicants submits that the applicants are innocent and have been falsely implicated in this case. Learned counsel for the applicants further submits that parties have amicably resolved their personal dispute, therefore, opposite party nos.2 and 3 do not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed in pursuance to compromise. 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 Versus Counsel for Applicant(s) : Tej Om Prakash Gupta Counsel for Opposite Party(s) : Shiv Shankar Kaithal, G.A. Sonu Alias Mohd Irfan And 2 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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. 6. No compromise shall be entertained by the Trial Court if the informant/victim/injured 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. In view of above, the application under Section 528 B.N.S.S. is, accordingly, disposed of. May 14, 2026 Vijay NA528 No. 48442 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad