Disposed

Bhudev and Another v. State of U.P. and Another

Allahabad HC6 Nov 2025NA528/42044/2025

Case brief

AI extract

What is this about?

In an application seeking quashing of criminal proceedings based on a compromise, the Court deferred the matter to the Trial Court for verification of the compromise deed and fulfillment of its terms, directing parties to appear before the Trial Court.

What did the court decide?

Direction to parties to appear before the Trial Court for verification of compromise deed and recording of statements.

Bhudev and Another 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. - 42044 of 2025

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Bhudev And Another

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.....Applicant(s)

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Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Garun Pal Singh
Counsel for Opposite Party(s) : G.A.

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Court No. - 80

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HON'BLE NAND PRABHA SHUKLA, J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the entire criminal proceedings of Complaint Case No. 3781 of 2019 (Old Case No. 534 of 2014) (Shishu Pal v. Bhudev and another) under Sections 406, 420, 467, 468 and 506 IPC, Police Station-Farah, District-Mathura pending in the Court of learned Judicial Magistrate, Court No.1, Mathura on the ground of compromise dated 26.11.2019.

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Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 26.11.2019, which has been placed as "Annexure No.-5" to the application. 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.

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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.

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In view of above, without expressing any opinion on the merits of the case,

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NA528 No. 42044 of 2025

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both the applicant and opposite party No. 2 are directed to appear before the Trial Court along with 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.

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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.

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Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

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With the aforesaid directions, this application is disposed of .

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(Nand Prabha Shukla,J.)

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November 6, 2025 Aditya Tripathi

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Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad

Bhudev and Another v. State of U.P. and Another

Case brief

What is this about?

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Bhudev and Another v. State of U.P. and Another

Case brief

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