SHAMSHAD AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10046/2025 · 2025-07-14
Prashant Bilgaiyan Registrar J Criminal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33172 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33172 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114110 Court No. - 89 Case :- APPLICATION U/S 528 BNSS No. - 10046 of 2025 Applicant :- Shamshad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel appearing on behalf of the parties.
2. By way of this application under Section 528 of BNSS, the applicants have sought quashing of Non-bailable warrant and proceedings of Section 82 Cr.P.C. dated 6.3.2025 as well as cognizance/summoning order dated 11.08.2022 passed by Judicial Magistrate, Baheri, District Bareily on charge sheet dated 17.12.2018 bearing Charge-sheet No. 835 of 2018 registered as Case No. 1565 of 2022 (State Vs. Shamshad and others) arising out of Case Crime No. 392 of 2018 under Sections 323, 504 & 308 IPC, Police Station - Baheri, District - Bareilly including entire proceedings of said case on the basis of compromise dated
7.3.2025.
3. Vide order dated 3.4.2025, this Court had granted two weeks' time to learned counsel for the applicants to file original compromise deed by way of supplementary affidavit. Today,
learned counsel for the applicants appeared before this Court and informed that though he has obtained a certified copy of the original compromise deed, but he has not filed any supplementary affidavit as directed by this Court while granting interim protection to the applicants.
4. The applicants are alleged to have committed offence under Sections 323, 504 and 308 IPC. Offence under Sections 323, 504 and 308 IPC are punishable up to seven years. Therefore, in view of the decisions in B.S. Joshi and Others Vs. State of Haryana and Another, (2003) 4 SCC 675, State of Madhya Pradesh Vs. Laxmi Narayan and others, (2019) 5 SCC 688 and Naushey Ali and others Vs. State of Uttar Pradesh and Another, (2025) 4 SCC 78, the Trial Court is directed to consider the case of the
applicants on the basis of compromise and decide the case within a period of two months from today.
5. Accordingly, this application is disposed of.
Order Date :- 15.7.2025 DKS (Praveen Kumar Giri,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad