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2026 DAILYLAW 10378 (ALL)

RAMU AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/22760/2025 · 2026-09-30

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22760 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Kirt Raj Yadav, learned counsel for opposite party No.2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 of the B.N.S.S. has been filed by the applicants with a prayer and to quash the charge sheet No. 402 of 2024 dated 16.10.2024, cognizance-cum-summoning order dated 14.02.2025 and the entire proceeding of Criminal Case No. 3259 of 2025 (State Vs. Ramu and 4 Others), arising out of Case Crime No. 465 of 2024, under Sections 85, 115 (2), 352, 351 (2), and Section 3/4 of D.P. Act, Police Station Civil Lines, District Budaun, pending in the Court of learned Chief Judicial Magistrate, Budaun. 3. Learned counsel for the applicant submits that the applicant and opposite party no. 2 have entered into a compromise and they have amicably settled their dispute outside the court and no dispute is pending between them, therefore, do not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed. He further submits that the applicant shall file compromise deed before the learned trial court for verification. 4. Learned A.G.A. for the State as well as learned counsel for opposite party No.2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents Versus Counsel for Applicant(s) : Pradeep Kumar, Ramanveer Singh Varma Counsel for Opposite Party(s) : G.A., Kirt Raj Yadav Ramu And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) relied upon by him. They submit that opposite party no. 2 have no objection, if the parties approach trial court to file compromise deed in the given circumstances. 5. Whether the parties have entered into compromise, can best be adjudicated by the trial court. As such, the parties may appear before the trial court and file a fresh compromise deed entered into between the parties within 30 days, which shall be verified by the trial court. The trial court shall place the original compromise deed in its record. 6. No compromise shall be entertained by the trial court if the informant/victim and accused are not signatories and appear before the court of its verification. In case of exigency, the trial court shall apply its mind and pass appropriate order. 7. For a period of two months, the proceedings of the trial court shall be kept in abeyance, if the compromise is filed and verified within stipulated period, otherwise, the trial court shall continue with the trial in accordance with law. 8. All the parties, who files compromise deed and get it verified shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding. 9. In view of above, the application under Section 528 of the B.N.S.S. is accordingly disposed of. October 1, 2026 Md Faisal NA528 No. 22760 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad