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

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

What the court decided

AI extract

Outcome

Interim protection granted — no coercive action against the applicants until the next date of listing (24.07.2025); procedure directed whereby the parties are to appear before the trial court and file an application for compromise within two weeks, failing/subject to which verification, reporting to this Court and filing of certified copy will follow; final quashing left contingent on verified compromise.

Issue for consideration

Whether the pending criminal proceedings under Sections 392 and 323 IPC against the applicants can be quashed on the basis of the compromise/amicable settlement claimed to have been reached between the parties.

Court's answer

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

Ratio / Principle

Directed that if the parties appear before the trial Court and file an appropriate application for compromise within a period of two weeks, the same shall be verified by the court concerned in accordance with law.

Key takeaways

If the compromise is verified, it is to be made part of the record with a report prepared; the parties would be allowed to obtain a certified copy thereof and file the same before this Court by the next date, and the trial Court concerned shall also send the report of verification to this Court.ratio¶5
Till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case.ratio¶7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Raj Beer Singh, J.) — Application U/S 528 BNSS No. 15239 of 2025 (decided 16.5.2025). Applicants (Aadil and 3 others) challenged the summoning order dated 05.07.2023 passed by Special Judge (D.A.A.), Etawah in Special Case No. 12 of 2023 (Smt. Shabnam Vs. Inam and others) under Sections 392, 323 IPC, P.S.- Kotwali, District- Etawah. Counsel submitted that the matter is a private dispute, amicably settled and compromised by both parties, warranting quashing of proceedings on the basis of compromise. The Court held that whether a compromise has taken place can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it. Accordingly, the parties were directed to appear before the trial Court and file an appropriate application for compromise within two weeks; upon verification in accordance with law, the compromise is to be made part of the record with a report, certified copy to be filed before this Court, and the trial Court to send its verification report. Till the next date of listing (24.07.2025), no coercive action was to be taken against the applicants.

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 15239 of 2025

Applicant :- Aadil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Narayan Rathour Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicants and learned AGA for the State.

This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred against summoning order dated 05.07.2023, passed by Special Judge (D.A.A.), Etawah in Special Case No. 12 of 2023 (Smt. Shabnam Vs. Inam and others), under Sections 392, 323 IPC, P.S.- Kotwali, District- Etawah, pending in the court of Special Judge (D.A.A.), Etawah.

It has been submitted by learned counsel for the applicants that matter relates to private dispute between the parties and both the parties have amicably settled the dispute and compromised the matter hence, the impugned proceedings may be quashed on the basis of compromise.

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

In view of the aforesaid it is directed that in case the parties appear before the trial Court and file an appropriate application for compromise within a period of two weeks from today, the same shall be verified by the court concerned in accordance with law and if the said compromise is verified, the same shall be made part of the record and report to that effect will be

prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date. In case such a compromise is verified, the trial Court concerned shall also send the report of verification to this Court.

List this case on 24.07.2025.

It is directed that till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case.

Order Date :- 16.5.2025

'SP'/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad