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2025 DAILYLAW 38969 (ALL)

KADIR AHMAD AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/12090/2025 · 2025-09-03

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12090 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 528 B.N.S.S. application has been filed to quash the charge sheet dated 22.08.2023; cognizance/summoning order dated 25.09.2023 as well as entire criminal proceedings of Case No.8136 of 2023 (State Versus Kadir Ahmad and another) arising out of the Case Crime No. 639 of 2023, under sections 420, 406 IPC, Police Station Kotwali Orai, District Jalaun, pending in the court of Chief Judicial Magistrate, Jalaun at Orai. 3. Learned counsel for the applicants submits that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-4 to the application. He further submits that since the parties have compromise the matter, therefore, no need to keep the petition pending. The alleged offence under Sections 420 and 406 IPC, is a compoundable offence. 4. Learned AGA submits that applicants may file compromise before trial court. Further, alleged offence is compoundable and trial court has power to set-aside the proceedings as per the provision provided under Section 320 Cr.P.C. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. Since, offence under Sections 420 and 406 IPC is Versus Counsel for Applicant(s) : Vikas Srivastava Counsel for Opposite Party(s) : G.A. Kadir Ahmad And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) a compoundable offence, therefore, it is provided that if applicants move compromise application with affidavit before the court below along with a certified copy of this order within three weeks, the trial court shall decide the same after verifying the parties and considering the compromise entered into between the parties. The trial court shall exercise its power given under Section 320 Cr.P.C. and decide the compromise application within one week thereafter, in accordance with law. 7. In view of the above, the present application is disposed of. 8. Till then, no coercive action shall be taken against the applicants in the aforesaid case. September 4, 2025 Meenu Singh NA528 No. 12090 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad