RAJU ALIAS SHAKIL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/29627/2025 · 2025-08-12
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84384 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84384 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:138424 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29627 of 2025 Applicant :- Raju Alias Shakil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Abid Ali Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1.Vakalatnama filed by Sri Shan Mohammad (AoR A/S 1901/2023) holding brief of Sri Rakesh Kumar Singh is taken on record. 2. Heard Sri Mohd. Abid Ali, learned counsel for the applicants as well as Sri Vikas Sharma, learned AGA for the State and Sri Rakesh Kumar Singh for the opposite party No. 2. 3. The applicant herein had earlier approached this Court while filing application u/s 528 BNSS No. 17476 of 2025 in which on 17.01.2025, the following order was passed.-
"1. Heard Sri Mohammad Abid Ali, learned counsel for the applicants, Sri Pankaj Kumar Rai, learned State Law Officer for the State-respondent. Sri Dan Bahadur Yadav along with Sri Raj Kumar Chauhan has filed Vakalatnama on 15.5.2025. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Complaint Case No. 57 of 2016 as well as summoning order dated 20.9.2016, (Nauscen vs. Raju and others), under Sections 498A, 323, 504, 506 IPC and 3/4 of the DP Act, Police Station- Nawabganj, District Bareilly, pending in the court of Judicial Magistrate Nawabganj, District Bareilly. 3. Leamed counsel for the applicants submits that the parties have themselves compromised out of the Court on 3.5.2025 (Annexure-5 at page 34) and onwards reference whereof has been made in paragraph no. 16 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded
4. Learned AGA on the other hand submits that he has no objection to the same. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Judicial Magistrate Nawabganj, District Bareilly while filing the compromise application and a self-attested copy of the present application and certified copy of the order by 30.05.2025. 6.
On the receipt of the same, the coun below shall farmish the compromise so filed by the parties and shall conclude the process for verification within period of months. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Complaint Case No. 57 of 2016 as well as summoning onder dated 20.9.2016, (Nauseen vs. Raju and others), under Sections 498A 323, 504, 506 IPC and 3/4 of the DP Act, Police Suabon Nawabganj, District Bareilly, pending in the court of lochcial Magistrate Nawabganj, District Bareilly. 8. In the event of default of any of the conditions hy the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application."
4. Learned counsel for the applicant has invited the attention of the Court towards Annexure-6 at page 41 of the paper book reference whereof has been made in para 19 of the application so as to contend that the compromise has been verified by the court below on 30.05.2025. Learned counsel for the applicant submits that that now nothing remains to be further proceeded with. 5. Learned AGA as well a the counsel for the opposite party No. 2 do not dispute the said fact. 6. Considering the submission so made across the bar and bearing in mind that the compromise stands entered into and verified and respectively following the judgment 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. 7. Accordingly, the application is allowed. 8.
The proceedings of complainant case No. 57 of 2016 as well as impugned summoning order dated 20.09.2016 passed in the case of (Nauseen Vs.Raju and other) Under Sections 498A, 323, 504,506 IPC and 3/4 DP Act Police Station, Nawabganj District Bareilly, pending in the court of Judicial Magistrate Nawabganj,
District-Bareilly, on the basis of compromise done between the parties concerned on 03.05.2025 by Notary affidavits, be quashed. Order Date :- 13.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad