AKASH CHAUDHARY AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/43751/2026 · 2026-10-07
Chawan Prakash
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16006 (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. - 43751 of 2026 Court No. - 80 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Rahul Singh Dahiya, learned counsel for the applicants, Sri Anil Kumar Ojha, learned A.G.A. for the State, Sri Pankaj Kumar Chahar, learned counsel for the opposite party no. 2 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed with the prayer to quash the quash the entire proceedings of Case No. 518 of 2025 (State Versus Akash Chaudhary and other), arising out of Case Crime No. 432 of 2024, under Sections 498A, 323, 342, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Shikarpur, District Bulandshahar, pending in the Court of learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate Court No. 2, Bulandshahar, on the basis of compromise between the parties dated 10.07.2026. 3. Learned counsel for the applicants submits that the applicants 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, does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed. He further submits that the applicants shall file compromise deed before the learned trial court for verification. 4. Learned counsel for the opposite party no. 2 and learned A.G.A. for the State submits that he has no objection if the parties approach trial court to file compromise deed in the given circumstances. Versus Counsel for Applicant(s) : Rahul Singh Dahiya Counsel for Opposite Party(s) : G.A. Akash Chaudhary And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 the 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 fresh joint application invoking inherent power of this Court to quash the criminal proceeding. 9. In view of above, the application under Section 528 B.N.S.S. is accordingly disposed of. October 8, 2026 Rmk. NA528 No. 43751 of 2026 2
(Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad