MOHD TAHSEEN AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15472/2025 · 2025-05-04
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52922 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52922 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:70844 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15472 of 2025 Applicant :- Mohd Tahseen And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jamaluddin Mohd. Nasir, Mohd Nazam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri J.M. Nasir, learned counsel for the applicants, who are 7 in number as well as Sri Moti Lal, learned AGA for the State.
2. This application u/s 528 of BNSS has been preferred for quashing the Complaint Case no. 1344 of 2008, under sections 452, 498-A, 323, 324, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Nagina District Bijnor as well as summoning order dated 4.3.2009 alongwith N.B.W. dated 13.4.2023, on the basis of compromise deeds dated 23.3.2023 entered into, in between both sides, which has been verified by the learned A.C.J.M. Nagina District Bijnor on 09.07.2024, pending before the court of learned Additional Chief Judicial Magistrate Nagina District Bijnor.
3. The applicants herein had earlier approached this Court while filing Application u/s 482 No. 32721 of 2023, Mohd. Tahseen and 6 others vs. State of U.P. and another, in which on 14.09.2023, following orders were passed: -
"1. Nobody is present on behalf of the applicants as the lawyers are abstaining from work today. However, learned A.G.A for the State is present. Perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the summoning
order dated 4.3.2009, N.B.W. order dated 13.4.2023 as well as entire proceeding of Complaint Case No.1344 of 2008, under Sections 452, 498-A, 323, 324, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station- Nagina, District Bijnor on the basis of compromise deed dated 23.3.2023. 3. From perusal of the record it transpires in paragraph no.18 that parties have reconciled their differences and a compromise have entered between them which has been reduced in writing. Copy of the same is annexed as Annexure No.(9) to the present application. 4. Accordingly, it is provided that the parties shall appear before the court below and file a certified copy of this order within two weeks, along with the original copy of the compromise dated 23.3.2023 and other necessary documents/paper, if required. It is, therefore, expected that the court below
may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. 5. In view of the above, the present application is disposed of. 6. For a period of two months or till the final order passed on the compromise application by the court below whichever is earlier, no coercive measure shall be taken against the applicants. 7. In case, the applicants are still aggrieved or if no action is taken, it will be open for the applicants to approach this Court afresh."
4. Learned counsel for the applicant submits that now compromise has been entered into between the parties and stands verified on
09.07.2024. Certified copy whereof has been annexed at page-21 onwards, relevant extract whereof at page-24. Reference of the same has been made in para-2 of the application. 5. Learned A.G.A. has no objection to the same. 6. Considering the submissions so made across the bar and in the light of the fact that already compromise stands entered into between the parties and the same also stands verified by the court below and further in view of the judgment in the case of Gian Singh vs State of Punjab & another: (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan: Criminal Appeal No. 349 of 2019, nothing remains to be further proceeded with. 6. Accordingly, the application is allowed. 7. The proceedings of Complaint Case no.
1344 of 2008, under sections 452, 498-A, 323, 324, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Nagina District Bijnor as well as summoning order dated 4.3.2009 alongwith N.B.W. dated 13.4.2023, on the basis of compromise deeds dated 23.3.2023, pending before the court of learned Additional Chief Judicial Magistrate Nagina District Bijnor, in so far applicants are concerned, are quashed. 8. It is always open for the opposite party no. 2 to take appropriate proceedings before this Court, in case, the order prejudices her.
Order Date :- 5.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad