Disposed

Rizwan and 2 Others v. State of U.P. and Another

Allahabad HC20 Aug 2025NA528/30325/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS challenging charge sheet and summoning in a Sections 420/406 IPC case on the ground of an amicable settlement. Court directed verification of the compromise by the Chief Judicial Magistrate and stayed further proceedings until further orders, relying on Gian Singh and Nikhil Merchant.

What did the court decide?

Further proceedings of Case No. 426 of 2017 stayed until further orders; compromise referred for verification to CJM, Bijnor.

Rizwan and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Court No. - 48

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Case :- APPLICATION U/S 528 BNSS No. - 30325 of 2025

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Applicant :- Rizwan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Bahadur,Ram Sajiwan Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Kshitij Shailendra,J.

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Heard learned counsel for the parties.

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Challenging the charge sheet, summoning order, as well as proceedings of Case No. 426 of 2017 arising out of Case Crime No. 334 of 2016, under Sections 420, 406 IPC, P.S. Seohara, District Bijnor, it is contended that although no offence was committed by the applicant, the matter has otherwise been amicably settled in between the parties and the compromise deed dated 06.09.2024 executed on a ten rupee e-stamp paper, which contains signature of the parties, has been duly notarized. Original compromise has been annexed at page no. 55 of the paper book.

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Office is directed to send original compromise, appended at page no. 55 of the paper book, to the Chief Judicial Magistrate, Bijnor within a week from today, after retaining photostat copy thereof on record.

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Chief Judicial Magistrate, Bijnor immediately after receipt of the compromise shall ensure physical presence of the applicants as well as opposite party no. 2 before him on a date fixed in the month of September, 2025 .

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Compromise shall be duly verified by the Chief Judicial Magistrate, Bijnor in accordance with law.

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Original compromise duly verified by the Chief Judicial Magistrate along with his report shall be sent to the Court by the end of September, 2025 .

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Issue notice to the opposite party no. 2. Steps be taken by registered post within two weeks.

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Put up as fresh before appropriate Bench on 13.10.2025 .

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Considering the judgments of Hon'ble Supreme court in the case of Gian Singh Vs. State of Punjab and another: (2012) 10 SCC 303 as well as Nikhil Merchant Vs. Central Bureau of Investigation: (2008) 9 SCC 677 , until further orders of this Court, further proceedings of the aforesaid case shall remain

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stayed .

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Order Date :- 20.8.2025 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Rizwan and 2 Others v. State of U.P. and Another

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Rizwan and 2 Others v. State of U.P. and Another

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