NA528/50316/2025 of IRSHAD AND 8 OTHERS Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50316 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Raj Kumar Singh, learned counsel for the applicants, Sri Kamal Dev Rai, learned A.G.A. for the State as well as Sri Ashfaq Ahmed Ansari, 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 for quashing the entire criminal proceeding of Case No. 1181 of 2021 (State Vs. Irshad and others) including charge sheet No. 337 of 2020 dated 29.09.2020, arising out of Case Crime No. 403 of 2020, under Sections 147, 148, 452, 427, 323, 504, 506 I.P.C., Police Station Sadar Bazar, District Saharanpur and the summoning order dated 28.01.2021 passed by the learned Chief Judicial Magistrate, Saharanpur, pending in the court of learned Chief Judicial Magistrate, Saharanpur, on the basis of compromise. 3. Learned counsel for the applicants submits that this Court vide order dated 22.01.2026 directed both the parties to appear before the court concerned within six weeks from today for verification and the court concerned is directed to verify the same and the applicants were directed to file supplementary affidavit annexing certified copy of the compromise as well as verification proceedings of compromise but the parties could not appear before the trial court and compromise could not be verified. He further submits that the applicants shall file compromise deed before the learned trial court for verification and the learned trial court may be directed to verify the same in terms of compromise.  Versus Counsel for Applicant(s) : Raj Kumar Singh Counsel for Opposite Party(s) : Ashfaq Ahmed Ansari, G.A. Irshad And 8 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel for the opposite party no. 2 as well as learned A.G.A. for the State submits that they 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 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 6, 2026 Rmk. NA528 No. 50316 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad