Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19511 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed to allow the present application and quash the cognizance and summoning order dated 20.03.2025 passed by the Additional Chief Judicial Magistrate, Court No. 2, Bijnor and the entire proceedings of Criminal Case No. 9317 of 2025 (State Vs. Salin @ Salim and others) pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Bijnor arising out of Case Crime No. 122 of 2024, under Sections 323, 324, 308 IPC, Police Station-Mandawar, District-Bijnor, on the basis of compromise dated 28.04.2025. Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 28.04.2025, which has been placed as "SA-2" to the 2nd supplementary affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of above, without expressing any opinion on the merits of the case, Versus Counsel for Applicant(s) : Ronak Chaturvedi Counsel for Opposite Party(s) : G.A. Taseem And 2 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
both the parties are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is disposed of. October 9, 2025 Shivani NA528 No. 19511 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad