DEVRAJ PRAJAPATI AND 9 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10877/2026 · 2026-03-24
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 145 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 145 (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. - 10877 of 2026 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J.
1. Compromise affidavit filed by learned counsel for the opposite party No. 2 is taken on record. 2. Heard Mr. Arun Kumar Patel, learned counsel for the applicants, Mr. Saurabh Kumar, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 3. The present application under Section 528 B.N.S.S. has been filed to allow the present application and quash the impugned charge sheet dated 20.04.2025 along with impugned cognizance order dated 14.08.2025 passed by the learned Court of Additional Chief Judicial Magistrate-First, Kanpur Nagar as well as entire criminal proceeding of Criminal Case No. 106309 of 2025 (State Vs. Devraj Prajapati and others), arising out of Case Crime No. 16 of 2025, under Sections 147/323/504/506, 498-A, I.P.C. and 3/4 D.P. Act, Police Station-Sen Paschim Para, District-Kanpur Nagar, pending before the learned Court of Additional Chief Judicial Magistrate-6, Kanpur Nagar in the light of compromise. 4. Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 13.02.2026, which has been placed as Annexure No. '5' to the present 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. 5. Learned counsel for the opposite party No. 2 does not dispute the Versus Counsel for Applicant(s) : Arun Kumar Patel Counsel for Opposite Party(s) : G.A., Saurabh Kumar Devraj Prajapati And 9 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him. 6. 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. 7. In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear in person 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. 8. 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. 9. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 10. With the aforesaid directions, this application is disposed of. March 25, 2026 Shivani NA528 No. 10877 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad