DEVRAJ PRAJAPATI AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 10877 of 2026

Devraj Prajapati And 9 Others
                                                            .....Applicant(s)
                                  Versus
State of U.P. and Another
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                   :   Arun Kumar Patel
Counsel for Opposite Party(s)              :   G.A., Saurabh Kumar

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Compromise affidavit filed by learned counsel for the opposite party No.
2 is taken on record.

2. Heard Mr. Arun Kumar Patel, learned counsel for the applicants, Mr.
Saurabh Kumar, learned counsel for the opposite party No. 2, learned
A.G.A. for the State and perused the record.

3. The present application under Section 528 B.N.S.S. has been filed to
allow the present application and quash the impugned charge sheet dated
20.04.2025 along with impugned cognizance order dated 14.08.2025 passed
by the learned Court of Additional Chief Judicial Magistrate-First, Kanpur
Nagar as well as entire criminal proceeding of Criminal Case No. 106309 of
2025 (State Vs. Devraj Prajapati and others), arising out of Case Crime No.
16 of 2025, under Sections 147/323/504/506, 498-A, I.P.C. and 3/4 D.P. Act,
Police Station-Sen Paschim Para, District-Kanpur Nagar, pending before the
learned Court of Additional Chief Judicial Magistrate-6, Kanpur Nagar in
the light of compromise.

4. Learned counsel for the applicants submits that the parties have amicably
settled their disputes vide compromise dated 13.02.2026, which has been
placed as Annexure No. '5' to the present 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.

5. Learned counsel for the opposite party No. 2 does not dispute the
                                                                                             NA528 No. 10877 of 2026
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                                    submissions advanced by the learned counsel for the applicants or
                                    correctness of the documents relied upon by him.

                                    6. 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.

                                    7. In view of above, without expressing any opinion on the merits of the
                                    case, both the parties are directed to appear in person 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.

                                    8. 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.

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

                                    10. With the aforesaid directions, this application is disposed of.

                                    March 25, 2026
                                    Shivani
                                                                                        (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad