Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35317 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 AGA for the State and perused the record. The present application under Section 528 B.N.S.S. has been filed to set- aside/quash the impugned charge sheet dated 27.08.2002 and the cognizance/summoning order dated 01.10.2002/22.10.2002 passed by the learned Additional Chief Judicial Magistrate, Farrukhabad, whereby the learned Judge summoned the applicants for the offence under Sections 323, 504, 506 IPC as well as the entire proceedings of Case No. 3010 of 2002 (State vs. Aslam and others) arising out of Case Crime No. 455 of 2002 for the offence under Sections 323, 504, 506 IPC, Police Station Kotwali Fatehpgarh, District Farrukhabad, pending the Court of Additional Chief Judicial Magistrate, Farrukhabad. At the very outset, learned counsel for the parties submits that the parties have amicably settled their disputes vide compromise dated 28.08.2025, which has been placed as Annexure No. "5" to the application. The original compromise deed be placed 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. Versus Counsel for Applicant(s) : Lavkush Kumar Bhatt Counsel for Opposite Party(s) : G.A. Aslam And 3 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
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, 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 15, 2025 Puspendra NA528 No. 35317 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad