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2025 DAILYLAW 3020 (ALL)

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

NA528/51727/2025 · 2026-05-05

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51727 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Devesh Kumar Sharma, learned counsel for the applicants, Sri Anil Kumar Ojha, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed for quashing the Charge Sheet dated 13.12.2024 being Charge Sheet No. 501 of 2024 as well as the entire proceedings of Criminal Case No. 80693 of 2025 (State of U.P. Vs. Praveen and others), under Sections 191(2), 115(2), 352, 351(2), 324(4), 110 of B.N.S., Police Station Chhata, District Mathura including order of cognizance and summoning dated 01.08.2025, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 1, Mathura in terms of compromise dated 02.12.2025. 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 A.G.A. for the State submits that he has 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 Versus Counsel for Applicant(s) : Devesh Kumar Sharma Counsel for Opposite Party(s) : G.A. Vikram And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 6, 2026 Rmk. NA528 No. 51727 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