NAUSHAD KHAN & 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8544/2025 · 2025-08-07
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30612 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135786 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 485) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 8544 of 2025 Applicant :- Naushad Khan & 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Afzal Husain, Advocate holding brief of Sri Mohd. Kashif, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the entire proceedings of Case No. 58634 of 2024 (State vs. Naushad Khan and others), charge sheet dated 29.2.2024 arising out of Case Crime No. 120 of 2024 under Section 147, 323, 504, 148, 149, 324 and 506 IPC, Police
Station-Sahibadad,
District
Tans
Hindan (Commissionrate Ghaziabad) as well as the cognizance order dated 4.9.2025 passed by Chief Judicial Magistrate, Ghaziabad. 3. Learned counsel for the applicants submits that the applicant no. 1 has lodged an FIR being Case Crime No. 120 of 2024 on
17.2.2024. On the basis of the aforesaid FIR, a case was registered against one Umair and 3-4 other unknown persons. The matter was duly investigation by the police and on the basis of the CCTV footage, the police came to the conclusion that it was the informant himself along with his family members, the applicants herein, who have assaulted with bricks to injured Hamid Ali. Accordingly, a charge sheet was filed against the informant and the other accused persons, who are the applicants herein. 4. During the pendency of the aforesaid case before the trial court the parties i.e. the injured persons-Mohd. Umair and Mohd. Hamid Ali and the applicants entered into a compromise and on the basis of aforesaid compromise the instant application has been filed seeking quashing of the entire proceedings of the instant case. 5. Vide order dated 2.4.2025 this Court directed the parties to appear before the trial court concerned for verification of compromise. In terms thereof, it is alleged by the applicants that the parties appeared before the trial court concerned on 2.5.2025 and in presence of the parties, the compromise arrived at between the parties has been duly verified vide order dated 2.5.2025 by the In-charge Chief Judicial Magistrate, Ghaziabad. Since the injured persons, namely, Hamid Ali and Mohd.
Umair are not a party to the instant application, therefore, this Court do not find it appropriate to proceed to quash the proceedings on the basis of compromise which has been allegedly duly verified. In view thereof, this Court cannot take cognizance of the compromise arrived at between the applicants and Hamid Ali and Mohd. Umed , who are not the party before this Court. 6. Accordingly, the instant application seeking quashing of the proceedings on the basis of compromise is hereby dismissed. 7. The trial court is directed to proceed in the matter as expeditiously as possible. 8. Interim order granted earlier stands vacated. Order Date :- 8.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad