BHUPENDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/31590/2025 · 2025-09-08
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88697 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88697 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31590 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. The present application under Section 528 B.N.S.S. has been filed to quash/stay the proceeding of Criminal Case No. 11728 of 2025 (State vs. Bhupendra & Others) arising out of Case Crime No. 204 of 2024, under Sections 308, 323, 325, 427, 504, 506 IPC, First Information Report dated 01.05.2024 pending in the Court of Chief Judicial Magistrate, Bijnor on the basis of compromise executed between the parties dated 24.07.2025. It has been jointly submitted by learned counsel for the parties that they have settled the dispute through compromise dated 24.07.2025 and all the three injured are signatory of the complaints. The applicant has placed the original copy of the compromise before the court concerned for its verification. 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 counsel for the opposite party no. 2 does not dispute the
submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him. 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 Versus Counsel for Applicant(s) : Ila Deol, Puran Nath Shukla Counsel for Opposite Party(s) : Anupam Mishra, G.A. Bhupendra And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
decided in accordance with law. In view of above, without expressing any opinion on the merit of the case, 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 finally disposed of. September 9, 2025 Puspendra NA528 No. 31590 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad