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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 52359 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Ram Shiromani Yadav, learned counsel for the applicants, Sri Durgesh Kumar Tripathi, learned Brief Holder for the State, Sri Manoj Kumar Dhuriya, holding brief of Sri K.K Yadav, learned counsel for the opposite party nos. 2 to 4 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed to quash the charge sheet dated 05.06.2025 alongwith cognizance order dated 25.08.2025 passed by the learned Additional Judicial Magistrate, Moradabad as well as entire criminal proceeding of Case No. 42942 of 2025 (State Vs. Lakhan and others), arising out of Case Crime No. 197 of 2025, under Sections 115(2), 131, 351(2) B.N.S., Police Station Munda Pandey, District Moradbad, pending in the court of learned Additional Civil Judge (J.D.), Court No. 6, Moradabad in terms of compromise between the parties. 3. Learned counsel for the applicants submits that the applicants and opposite party no. 2 have entered into a compromise and they have amicably settled their dispute outside the court and no dispute is pending between them, therefore, does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed. He further submits that the applicants shall file compromise deed before the learned trial court for verification. 4. Learned counsel for the opposite party no. 2 and learned A.G.A. for the State submit that they have no objection if the parties approach trial court Versus Counsel for Applicant(s) : Ram Shiromani Yadav Counsel for Opposite Party(s) : G.A., Krishna Kant Yadav Lakhan And 3 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
to file compromise deed 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 and file the compromise deed entered into between the parties within 30 days, which shall be verified by the trial court. The trial court shall place the original compromise deed in its record. 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 in accordance with law. 8. All the parties, who files compromise deed 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 Rmk. NA528 No. 52359 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad