Allahabad High Court
NA528/20363/2025 of SUMIT SAINI AND 4 OTHERS Vs STATE OF U.P. AND ANOTHER on 22 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20363 of 2025 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Siddharth, learned Counsel for the applicants and learned A.G.A.for the State. The supplementary affidavit, filed today, is taken on record. 2. The present application has
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20363 of 2025
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
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1. Heard Mr. Siddharth, learned Counsel for the applicants and learned A.G.A.for the State. The supplementary affidavit, filed today, is taken on record.
2. The present application has been filed under Section 528 BNSS by the applicants with the following prayer: "It is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the instant Criminal Misc application in the interest of justice and quash the entire proceedings of Case No. 2803/2022 (State Vs. Sumit Saini and Others) pending at CJ(JD) FTC (CAW), District Saharanpur, including the Charge Sheet dated 20.08.2022 as well as summoning order dated 21.12.2022 passed by CJ(JD) FTC (CAW), District Saharanpur, arising out of Case Crime No. 27 of 2022, u/s 498a, 323, 313, 354(b), 504, 506 of IPC and DP Act., Police Station Mahila thana, District Saharanpur and further be pleased to stay the further proceeding of Case No. 2803/2022 (State Vs. Sumit Saini and Others) pending at CJ(JD) FTC (CAW), District Saharanpur, during the pendency of the present Criminal Misc. Application."
3. Learned Counsel for applicants submits that the applicants are innocent and have been falsely implicated in this case. Learned counsel for the applicants further submits that parties have amicably resolved their personal dispute, therefore, opposite party no.2 does not want to get adjudication of alleged criminal act and prayed that the aforesaid criminal case may be quashed in pursuance to compromise.
Versus Counsel for Applicant(s) : Siddharth Counsel for Opposite Party(s) : G.A. Sumit Saini And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. Learned A.G.A. for the State submits no objection if the parties approach Trial Court to file compromise 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 concerned and file the compromise entered into between the parties within 30 days, which shall be verified by the Trial Court.
6. No compromise shall be entertained by the Trial Court if the informant/victim/injured 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.
8. All the parties, who files compromise 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.
September 23, 2026 Vijay NA528 No. 20363 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad