Disposed

Afzal Ahmad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC17 Oct 2025NA528/1613/2025

Case brief

AI extract

What is this about?

Applicants sought quashing of BNS-case proceedings on grounds of an off-court compromise with complainant; court directed parties to file and verify the compromise before trial court, with interim no-coercive-action protection.

What did the court decide?

Parties to file compromise before trial court for verification within timelines; certified copies permitted; no coercive action against applicants for eight weeks.

Afzal Ahmad and 2 Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 1613 of 2025

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Afzal Ahmad And 2 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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.....Opposite Party(s)

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Counsel for Applicant(s) : Ashok Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SAURABH LAVANIA, J.

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Shri Sandeep Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record.

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Heard learned counsel for the applicants, learned AGA for the State as well as learned counsel for the opposite party No.2 and gone through the record.

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The present application under Section 528 of BNSS, 2023 has been filed for the following main relief:-

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"WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the summoning and cognizance order dated: 05.04.2025 passed by Additional Chief Judicial Magistrate-VI, Lucknow in Case No. 61200/2025, Case Crime No. 227/2024 "State versus Afzal and others" under section 324(2), 351(2), 131, 309(4), 352, 126(2) BNS, (previously section 426, 506, 352, 392, 504 and 341 IPC) Police StationJankipuram, District- Lucknow North (Commissionerate Lucknow) and entire proceedings of the case in pursuance thereof, pending in the Court of Additional Chief Judicial Magistrate-VI, Lucknow, in the ends of justice."

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It is submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.8 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

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NA528 No. 1613 of 2025

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court.

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Considering the aforesaid, this application is disposed of finally in following terms:-

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(i) The parties to the proceedings, i.e. Case No.61200/2025, Case Crime No.227/2024 (State versus Afzal and others), under section 324(2), 351(2), 131, 309(4), 352, 126(2) BNS, (previously section 426, 506, 352, 392, 504 and 341 IPC) Police StationJankipuram, District- Lucknow North (Commissionerate Lucknow), pending in the Court of Additional Chief Judicial Magistrate-VI, Lucknow, shall appear and file the compromise before the concerned Court within four week's from today.

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(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

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(iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order.

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(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

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(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

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(vi) Office is directed to provide original compromise to the Counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

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(vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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October 17, 2025 ML/-

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(Saurabh Lavania,J.)

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Afzal Ahmad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Afzal Ahmad and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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