Rajeev Kumar Verma and 2 Others v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37973 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard Mr. Rishabh Tiwari holding brief of Mr. Manvendra Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the entire proceedings of Criminal Case No. 4318 of 2016 (State v. Rajeev Kumar and others) arising out of Case Crime No. 944 of 2015 under Sections 406, 420, 452, 323, 504, 506 IPC, Police Station-Kotwali City, District-Bijnor as well as quash the Charge-sheet No. 42 of 2016 dated 07.02.2016 and the cognizance order dated 20.10.2016 passed in aforesaid Criminal Case, pending in the Court of learned Chief Judicial Magistrate, District Bijnor on the basis of compromise dated 10.09.2025. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 10.09.2025, which has been placed as "Annexure No.-3" to the application. It has also been submitted that the applicants and respondent No. 2 are the real brothers. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. Learned counsel for the opposite party No. 2 does not dispute the submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him. Versus Counsel for Applicant(s) : Manvendra Singh Counsel for Opposite Party(s) : G.A. Rajeev Kumar Verma And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of above, without expressing any opinion on the merits of the case, applicant Nos. 1 to 3 and opposite party No. 2 are directed to appear before the Trial Court along with original compromise deed as well certified copy of this order within three weeks from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is disposed of. September 26, 2025 Aditya Tripathi NA528 No. 37973 of 2025 (Nand Prabha Shukla,J.) High Court of Judicature at Allahabad