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2025 DAILYLAW 3120 (ALL)

MATARU AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/49030/2025 · 2026-05-05

Chawan Prakash

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 49030 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Kuldeep Kumar, learned Counsel holding brief of Mr. Hira Lal, learned Counsel for the applicants 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 graciously be pleased to quash the entire proceeding as well as Charge sheet dated 12.04.2025 and cognizance order dated 28.07.2025 passed by Additional Civil Judge (J.D.)-07, Varanasi in Case No.35102 of 2025 (State Vs. Mataru and another) arising out of Case Crime No.110 of 2025 under section 308(4), 352, 351 (3) B.N.S., Police Station-Sarnath, District Varanasi." 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 no.2 does 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) : Hira Lal Counsel for Opposite Party(s) : G.A. Mataru And Another .....Applicant(s) State of U.P. and Another .....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 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 6, 2026 Vijay NA528 No. 49030 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad