Neutral Citation No. - 2025:AHC:143257 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19129 of 2025 Applicant :- Rakesh Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- Dharmendra Dhar Dubey,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 and perused the record. 2. This application u/s 528 BNSS has been filed for quashing of the charge-sheet dated 07.04.2019 as well as cognizance/ summoning order dated 27.02.2021 and order dated 30.09.2024, passed in Case No. 604 of 2021 (State v. Rakesh Shukla and Anr.), arising out of Case Crime No. 7 of 2019, under Sections - 419, 420, 467, 468, 471, 406, 506 of I.P.C., Police Station - Colonelganj, District- Prayagraj. 3. It is submitted by learned counsel for the applicants that applicants are innocent and that no prima facie case is made out against them. As per prosecution version applicants have sold the disputed property to the opposite party no. 2 but later on they have sold the same property to other person. Learned counsel submitted that the allegation that applicants have executed alleged second sale-deed is false. It is further submitted that earlier the applicants have filed an application for quashing of charge-sheet and summoning order of this case, which was decided by this Court vide order dated 21.07.2023 and applicants were directed to surrender before the court concerned. Learned counsel submitted that meanwhile applicants have been granted bail by this Court vide order dated 03.04.2025, wherein applicants were directed to return the amount of Rs. 21/- lakhs to the informant. In pursuance of direction made in the bail order, applicants have already paid back the amount of Rs. 21/- lakhs to the informant. It was submitted that as the amount of Rs. 21/- has already been paid to the informant thus, the impugned proceedings are liable to be quashed. 4. Learned AGA and learned counsel for the informant have opposed the application and submitted that in first application of applicants under Section 482 CrPC, the prayer for quashing of impugned proceedings has already been refused and applicants were directed to surrender before the court concerned within a period of 45 days. Instead of surrendering before the trial court concerned, the applicants have filed this second application u/s 528 BNSS with the same prayer and thus, the same is not maintainable. 5. Perusal of record shows that in earlier application filed by the applicant under Section 482 Cr.P.C., the prayer of quashing of charge-sheet and entire proceedings was refused and thus, this second application under Section 528 BNSS seeking same prayer is not maintainable. Merely because the applicant has paid back the amount of the informant, the impugned proceedings can not be quashed unless and until both the parties compromise the matter. Considering the aforesaid facts of the matter, the prayer sought by the applicants is hereby refused. 6. At this stage, learned counsel for the applicants submits that the applicants may be permitted to move an application for discharge before the Trial Court concerned and till then protection may be granted to them. 7. In view of aforesaid, it is directed that in case applicants move an application for discharge before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants cooperate in early disposal of discharge application. 8. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 20.8.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad