SUNIL KUMAR YADAV ALIAS SUSHIL KUMAR ALIAS HANNU v. STATE OF U.P. AND ANOTHER
NA528/50402/2025 · 2026-05-05
Chawan Prakash
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3007 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3007 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50402 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Yadvendra Dwivedi, learned counsel for the applicant, Jyoti Kumar Singh, learned A.G.A. for the State as well as Sri Ashish Kumar, learned counsel for the opposite party no. 2 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed for quashing the impugned charge sheet dated 07.01.2024, cognizance order and summoning order dated 09.01.2024 as well as the entire proceedings of Case No. 52 of 2024, arising out of Case Crime No. 151 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Saadh, District Kanpur Nagar. 3. Learned counsel for the applicant submits that the applicant 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 applicant 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 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 Versus Counsel for Applicant(s) : Yadavendra Dwivedi Counsel for Opposite Party(s) : Ashish Kumar, G.A. Sunil Kumar Yadav Alias Sushil Kumar Alias Hannu .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 6, 2026 Rmk. NA528 No. 50402 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad