NA528/50378/2025 of SMT. KRISHNA AND 2 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50378 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Anand Mohan Pandey, learned counsel for the applicants, Sri Sumit Ranjan Mishra, Advocate holding brief of Sri Radhey Raman Mishra, 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 B.N.S.S. has been filed for quashing the impugned charge sheet dated 18.6.2024 along with cognizance/summoning order dated 21.12.2024 as well as entire proceeding of Case No.7750 of 2024 (State Vs. Smt. Krishna and others) arising out of Case Crime No.216 of 2023, under Sections 420, 120B, 342, 504, 506 I.P.C., Police Station Tanda, District Rampur. 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, 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 applicants 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 applicants 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 Versus Counsel for Applicant(s) : Anand Mohan Pandey, Ram Raj Mishra Counsel for Opposite Party(s) : G.A., Radhey Raman Mishra Smt. Krishna And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 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. May 5, 2026 Md Faisal NA528 No. 50378 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad