Disposed

Kumarsen and 3 Others v. State of U.P. and Another

Allahabad HC9 Sept 2025NA528/34219/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS to quash a charge sheet, summoning order and criminal proceedings based on a compromise between the parties. The High Court directed verification of the compromise by the trial court, interim protection from coercive action, and listed the matter afresh.

What did the court decide?

Interim order: no coercive action against applicants until next date; compromise sent for verification; case listed on 29.10.2025.

Kumarsen and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 34219 of 2025

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Kumarsen And 3 Others

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Devendra Kumar Tiwari
Counsel for Opposite Party(s)	: G.A.

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Court No. - 89

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HON'BLE JITENDRA KUMAR SINHA, J.

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Shri Rakesh Pati Tiwari, Advocate has filed Vakalatnama on behalf of opposite party no.2 is taken on record.

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Heard Shri Devendra Kumar Tiwari, learned counsel for the applicants, Shri Rakesh Pati Tiwari, learned counsel for the opposite party no.2 and Shri B.P. Maurya, learned AGA for the State-opposite party no.1.

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This application u/s 528 BNSS. has been preferred for quashing of the impugned charge sheet dated 27.08.2024 and impugned cognizance/summoning order dated 01.01.2025 as well as entire proceedings of Criminal Case No.71 of 2025 (State of U.P. Vs. Kumarsen and others), arising out of Case Crime No.491 of 2024, under sections 115, 352, 351(2), 118(1), 110, 117(2) of B.N.S., Police Station Baheri, District Bareilly, pending in the court of learned Judicial Magistrate, Baheri, District Bareilly.

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It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and certified copy of the same is on the record. He further submits that said compromise needs to be verified by the learned court concerned and he prays that same may be sent to the court concerned i.e. Judicial Magistrate, Baheri, District Bareilly.

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On the other hand, learned counsel for opposite party no.2 as well as learned AGA for the State have no objection to the above submissions of learned counsel of the applicants.

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In view of the above, office is directed to send the certified copy of compromise to the court concerned i.e. Judicial Magistrate, Baheri, District Bareilly, for verification of the same. The applicants and opposite party no.2 are directed to appear before the court concerned on 29.09.2025.

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NA528 No. 34219 of 2025

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Learned court concerned i.e. learned Judicial Magistrate, Baheri, District Bareilly, shall verify the compromise in the presence of both the parties and submit a compromise verification report to this Court, within two weeks thereafter.

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Learned counsel for the applicants may also file a supplementary affidavit bringing on record the proceedings of the compromise, within two weeks, after verification of the compromise.

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List this case on 29.10.2025 as fresh, before the appropriate Bench.

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Till the next date of listing, no coercive action shall be taken against the applicants.

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September 9, 2025 RKM

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(Jitendra Kumar Sinha,J.)

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Kumarsen and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kumarsen and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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