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2026 DAILYLAW 5713 (ALL)

DIVYANSHU GAUTAM AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/37305/2026 · 2026-09-07

Chawan Prakash

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37305 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Sri Akash Tiwari, Advocate filed Vakalatnama and short counter affidavit on behalf of opposite party No.2, is taken on record. 2. Heard Sri Anubhav Shukla, learned counsel for the applicant, Sri Akash Tiwari, learned counsel for 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 by the applicants with a prayer to quash the charge sheet dated 12.05.2026, impugned summoning order dated 27.07.2026 passed by learned A.C.J.M. Court No.1, Jhansi and entire proceeding of the Criminal Case No. 32543 of 2026 (State Versus Divyanshu and others) arising out of Case Crime No.168 of 2026, under Sections 85, 115(2), 352, B.N.S. Police Station Prem Nagar District Jhansi. 4. 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. 5. 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 Versus Counsel for Applicant(s) : Anubhav Shukla, Chandra Bhan Dubey Counsel for Opposite Party(s) : G.A. Divyanshu Gautam And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) learned counsel for the applicant or the correctness of the documents 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. In view of above, the application under Section 528 B.N.S.S. is accordingly disposed of. 11. Office is directed to return the original compromise deed to learned counsel for applicants. September 8, 2026 Md Faisal NA528 No. 37305 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad