Allahabad High Court
A482/29754/2024 of KHUSHWANT SINGH HADA AND 2 OTHERS Vs State of UPAND ANOTHER on 22 September 2026
JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 29754 of 2024 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Nikhilesh Kumar Chaudhary, learned Counsel for the applicants, Mr. Upendra Malaviya, learned Counsel for opposite party no.2 and learned A.G.A.for the State. 2. The present
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 29754 of 2024
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
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1. Heard Mr. Nikhilesh Kumar Chaudhary, learned Counsel for the applicants, Mr. Upendra Malaviya, learned Counsel for opposite party no.2 and learned A.G.A.for the State.
2. The present application has been filed under Section 528 BNSS by the applicants with the following prayer: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the summoning/cognizance order dated 21.06.2024 and entire proceeding of Criminal Case No. 8637 of 2024, "State Vs. Khushwant Singh Hada and others, arising out of Case Crime No. 418 of 2023, as well as Charge Sheet dated 25.03.2024 under section 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Sector-58 Noida, District Gautam Buddh Nagar, pending in the court of Additional Civil Judge (Sr.D.)-2/A.C.J.M., Gautam Buddh Nagar."
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.
4. Learned A.G.A. for the State submits no objection if the parties approach Versus Counsel for Applicant(s) : Deepak Kumar Tripathi, Nikhilesh Kumar Chaudhary Counsel for Opposite Party(s) : Dinesh Singh Yadav, G.A., Upendra Malaviya Khushwant Singh Hada And 2 Others .....Applicant(s) State Of Upand Another .....Opposite Party(s)
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 A482 No. 29754 of 2024 2 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad