Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:138874 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 25015 of 2025 Applicant :- Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Bajpayee Counsel for Opposite Party :- Ajit Kumar,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned AGA for the State.
2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of the entire proceedings, including charge-sheet dated 27.09.2018 as well as cognizance / summoning order dated 17.10.2019, of Case No. 2259 of 2019 (State Vs. Vijay Kumar), arising out of Case Crime No.274 of 2018, under Sections 323, 504, 506, 427 IPC, P.S.- Utaraon, District- Allahabad, pending in the court of A.C.J.M., Court No.8, Allahabad, on the basis of compromise arrived at between the parties.
3. It has been argued by the learned counsel for the applicant as well as learned counsel for the opposite party no.2 that both the parties are members of one and same family and the case relates to a minor incident and now both the parties have amicably settled the dispute and compromised the case. Both the parties have already filed an application for compromise before the trial Court. It was submitted that in view of these facts and circumstances, impugned proceedings may be quashed on the basis of compromise arrived at between the parties.
4. Perusal of record shows that applicant was summoned for offence under Sections 323, 504, 506, 427 IPC and all these offences are compoundable. It was submitted on behalf of both the parties that they have filed compromise before the trial Court, which is pending. As all the offences are compoundable, thus the case may be decided finally by the trial Court itself.
5. In view of aforesaid, learned trial Court is directed to consider and decide the compromise application of the applicant expeditiously, preferably within a period of two months from today, in accordance with law. It is further directed that till the disposal of compromise application, no coercive action shall be taken against applicant.
6. With the aforesaid observations, the application u/s 528 BNSS is
disposed of.
Order Date :- 14.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad