Shamshad and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shamshad and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with a direction to the Trial Court to consider the applicants' case on the basis of the compromise dated 7.3.2025 and decide the case within two months.

Issue for consideration

Whether the non-bailable warrant, the Section 82 Cr.P.C. proceedings dated 6.3.2025, the cognizance/summoning order dated 11.08.2022 and the entire proceedings of Case No. 1565 of 2022 arising out of Case Crime No. 392 of 2018 (Sections 323, 504 & 308 IPC) should be quashed on the basis of the compromise dated 7.3.2025.

Court's answer

Offences under Sections 323, 504 and 308 IPC are punishable up to seven years.

Ratio / Principle

In view of the decisions in B.S. Joshi (2003) 4 SCC 675, Laxmi Narayan (2019) 5 SCC 688 and Naushey Ali (2025) 4 SCC 78, the Trial Court is directed to consider the case of the applicants on the basis of compromise and decide the case within a period of two months.

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.) disposed of an application under Section 528 BNSS by Shamshad and 3 others seeking quashing of the non-bailable warrant and Section 82 Cr.P.C. proceedings dated 6.3.2025, the cognizance/summoning order dated 11.08.2022 passed by the Judicial Magistrate, Baheri, District Bareilly on charge sheet dated 17.12.2018 (Charge-sheet No. 835 of 2018), and the entire proceedings of Case No. 1565 of 2022 (State Vs. Shamshad and others) arising out of Case Crime No. 392 of 2018 under Sections 323, 504 & 308 IPC, P.S. Baheri, on the basis of a compromise dated 7.3.2025. Counsel had obtained a certified copy of the compromise deed but had not filed the supplementary affidavit directed by the Court's order dated 3.4.2025, by which interim protection had been granted. Noting that the offences were punishable up to seven years, and relying on B.S. Joshi v. State of Haryana (2003) 4 SCC 675, State of M.P. v. Laxmi Narayan (2019) 5 SCC 688 and Naushey Ali v. State of U.P. (2025) 4 SCC 78, the Court directed the Trial Court to consider the applicants' case on the basis of the compromise and decide the case within two months.

Neutral Citation No. - 2025:AHC:114110

Court No. - 89

Case :- APPLICATION U/S 528 BNSS No. - 10046 of 2025 Applicant :- Shamshad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A.

Hon'ble Praveen Kumar Giri,J.

Heard learned counsel appearing on behalf of the parties.

By way of this application under Section 528 of BNSS, the applicants have sought quashing of Non-bailable warrant and proceedings of Section 82 Cr.P.C. dated 6.3.2025 as well as cognizance/summoning order dated 11.08.2022 passed by Judicial Magistrate, Baheri, District Bareily on charge sheet dated 17.12.2018 bearing Charge-sheet No. 835 of 2018 registered as Case No. 1565 of 2022 (State Vs. Shamshad and others) arising out of Case Crime No. 392 of 2018 under Sections 323, 504 & 308 IPC, Police Station - Baheri, District - Bareilly including entire proceedings of said case on the basis of compromise dated 7.3.2025.

Vide order dated 3.4.2025, this Court had granted two weeks' time to learned counsel for the applicants to file original compromise deed by way of supplementary affidavit. Today, learned counsel for the applicants appeared before this Court and informed that though he has obtained a certified copy of the original compromise deed, but he has not filed any supplementary affidavit as directed by this Court while granting interim protection to the applicants.

The applicants are alleged to have committed offence under Sections 323, 504 and 308 IPC. Offence under Sections 323, 504 and 308 IPC are punishable up to seven years. Therefore, in view of the decisions in B.S. Joshi and Others Vs. State of Haryana and Another, (2003) 4 SCC 675, State of Madhya Pradesh Vs. Laxmi Narayan and others, (2019) 5 SCC 688 and Naushey Ali and others Vs. State of Uttar Pradesh and Another, (2025) 4 SCC 78 , the Trial Court is directed to consider the case of the

applicants on the basis of compromise and decide the case within a period of two months from today.

Accordingly, this application is disposed of.

Order Date :- 15.7.2025 DKS

(Praveen Kumar Giri,J.)

Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad