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2025 DAILYLAW 90254 (ALL)

AMEER ALAM AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/33004/2025 · 2025-09-09

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33004 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Sri M. Faisal Khan, learned counsel has filed his Power on behalf of opposite party Nos. 2 and 3 which is taken on record. Heard learned counsel for the applicants, learned counsel for the opposite party Nos. 2 and 3, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed to quash the Charge Sheet No. 111 dated 03.05.2018, in Case Crime No. 111 of 2018 under Sections 147, 279, 323, 504, 506 IPC (State Versus Ameer Alam and Others) Police Station-Charthawal, District-Muzaffar Nagar along with cognizance order dated 27.06.2018 in Case No. 2091 of 2018 pending before the A.C.J.M. II, Muzaffar Nagar on the basis of compromise. Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 15.02.2025, which has been placed as Annexure No. "5" to the application. 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 Versus Counsel for Applicant(s) : Sanjay Kumar Pal Counsel for Opposite Party(s) : G.A. Ameer Alam And 4 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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, 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. September 10, 2025 Shivani NA528 No. 33004 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad