Sudhir Kumar Srivastava @ Ganesh Srivastava and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sudhir Kumar Srivastava @ Ganesh Srivastava and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final decision on quashing deferred to 12.12.2025 pending verification of the compromise by the court below; interim directions issued — applicants dispensed from filing the original compromise, both parties to appear before the trial court within three weeks to file a fresh compromise application for verification, verification report due within two months of appearance, respondent No. 2 to appear through counsel on the next date, and no coercive action against the applicants till the next date of listing.

Issue for consideration

Whether the entire criminal proceedings in Criminal Case No. 679 of 2025 (Case Crime No. 27 of 2024, Sections 504, 506 & 507 I.P.C., P.S. Obra, District Sonbhadra), including the charge sheet dated 10.4.2024 and cognizance/summoning order dated 18.1.2025, may be quashed on the basis of the compromise reached between the parties.

Court's answer

In view of the peculiar facts and circumstances, the applicants are dispensed with from filing the original copy of the compromise.

Ratio / Principle

Both parties are directed to appear before the court below within three weeks and file a fresh copy of the compromise application for verification; the court concerned shall verify the compromise in the presence of both parties after recording their statements and submit its verification report to this Court within two months from the date of appearance of the parties.

Key takeaways

The matter is to be listed on 12.12.2025 along with the compromise verification report, if any.ratio¶24
On the next date fixed, respondent No. 2 shall appear through counsel to put his version, if any.ratio¶25
Till the next date of listing, no coercive action shall be taken against the applicants in the said criminal case.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Dinesh Pathak, J.), Application U/S 528 BNSS No. 15422 of 2025, decided 6 October 2025: Sudhir Kumar Srivastava @ Ganesh Srivastava & Anr. v. State of U.P. & Anr. Applicants invoked the inherent jurisdiction under Section 528 BNSS seeking quashing of the entire criminal proceedings in Criminal Case No. 679 of 2025 (Case Crime No. 27 of 2024, Sections 504, 506 & 507 IPC, P.S. Obra, District Sonbhadra), pending before Civil Judge (C.D.)/F.T.C./A.C.J.M., Sonbhadra, including the charge sheet dated 10.4.2024 and cognizance/summoning order dated 18.1.2025, on the ground that the parties have settled the dispute out of court by a compromise submitted to the Investigating Officer and respondent No. 2 no longer wishes to prosecute. The Court dispensed with production of the original compromise, directed both parties to appear before the court below within three weeks to file a fresh compromise application, ordered its verification in their presence after recording statements with the verification report to reach the Court within two months, listed the matter on 12.12.2025, required respondent No. 2 to appear through counsel on the next date, and ordered that no coercive action be taken against the applicants till the next date of listing. Final decision on quashing remains open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15422 of 2025

Sudhir Kumar Srivastava @ Ganesh Srivastava And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) : Prince Kumar Srivastava Counsel for Opposite Party(s) : G.A.

Court No. - 73

HON'BLE DINESH PATHAK, J.

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

The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceedings including the charge sheet dated 10.4.2024 and cognizance/summoning order dated 18.1.2025 in Criminal Case No. 679 of 2025, arising out of Case Crime No. 27 of 2024, under Sections 504, 506 & 507 I.P.C., Police Station Obra, District Sonbhadra, pending in the court of Civil Judge (C.D.)/F.T.C./A.C.J.M., Sonbhadra on the basis of compromise.

While entertaining the instant application, following order dated 5.5.2025 has been passed:

" Learned counsel for applicants submitted that parties settled their dispute arising out of offence punishable under Sections 504, 506, 507 of I.P.C.

Learned counsel for the applicants prays for and is granted two weeks time to file supplementary affidavit annexing original/certified copy of compromise.

Put up this case on 27.6.2025, as fresh.

Till the next date of listing, further proceedings of Case No. 679 of 2025, arising out of Case Crime No. 27 of 2024, under Sections 504, 506, 507 of I.P.C., P.S. Obra, District Sonbhadra, shall remain stayed against the

NA528 No. 15422 of 2025

2

applicants."

Learned counsel for the applicants states that both the parties have amicably settled their dispute out of the court and a compromise application was submitted to the Investigating Officer. It is next submitted that in changed scenario, both the parties have settled their dispute and respondent No. 2 is no longer inclined to pursue the criminal proceeding against the present applicants. It is further submitted that both the parties have buried the hatchet and they have no grudges against each other, therefore, instant application may be allowed and the criminal proceeding may be quashed on the basis of the compromise.

In view of the peculiar facts and circumstances of the present case, the applicants are dispensed with to file the original copy of the compromise.

In this conspectus, as above, both the parties are hereby directed to appear before the court below within a period of three weeks and file fresh copy of the compromise application to get the compromise verified. Learned court concerned, in turn, shall verify the same in the presence of both the parties, after recording their statements, and submit his verification report before this Court within a period of two month from the date of appearance of the parties.

List this matter on 12.12.2025 along with compromise verification report, if any.

It is further directed that on the next date fixed, respondent No. 2 shall appear through counsel to put his version, if any.

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

October 6, 2025 vinay

(Dinesh Pathak,J.)

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