SUBASH YADAV ALIAS SUBASH SINGH YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/18944/2025 · 2025-08-04
Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60864 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131853 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18944 of 2025 Applicant :- Subash Yadav Alias Subash Singh Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Sharma Counsel for Opposite Party :- G.A.,Surendra Pratap Singh Hon'ble Jitendra Kumar Sinha,J. Heard Mr. Upendra Malviya, learned counsel for the applicants, Mr. Surendra Pratap Singh, learned counsel for opposite party no.2 and Mr. Arvind Nath Agarwal, learned AGA for the State. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings of Case No.880 of 2023, arising out of Case Crime No.45 of 2020, under Sections 147, 323, 504, 452, 379 and 506 I.P.C., Police Station Kotwali, District Ghazipur as well as cognizance order dated 26.07.2024 in terms of the compromise arrived at between the parties. It is submitted by learned counsel for applicant that in the instant matter applicant and opposite party no.2 have entered into a compromise and the compromise deed has already been filed before the Chief Judicial Magistrate, Ghazipur. He further submits that parties may be directed to appear before the Chief Judicial Magistrate, Ghazipur and the court concerned may be directed to verify the compromise and submit its report regarding the same to this Court.
Learned counsel for the opposite party no.2 has also agreed to the contention advanced by learned counsel for the applicant. In view of submission made by counsel for the parties, it is
directed that in case both the parties, file an appropriate application of compromise within a period of two weeks from today, the veracity of the same shall be examined by the court concerned and if the compromise is verified, a report to this effect shall be prepared and would be made part of the record. The parties would be allowed to obtain certified copy of the verification report.
It is further directed that for a period of two weeks from today, and in case an application for compromise is filed within the aforesaid period, till disposal of compromise application, no coercive action shall be taken against the applicant. After verification of compromise both the parties would be at liberty to file a fresh application under Section - 528 BNSS for quashing of the impugned proceedings. The application u/s 528 BNSS is finally disposed of in above terms.
Order Date :- 5.8.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad