Dinesh @ Dinesh Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Dinesh @ Dinesh Kumar and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: certified copy of the compromise remitted to the Additional Chief Judicial Magistrate-IIIrd, Amroha for verification; applicants and opposite party no.2 to appear before that court on or before 19.09.2025; verification report directed within two weeks thereafter; no coercive action against the applicants till the next listing on 14.10.2025. Final quashing decision deferred.

Issue for consideration

Whether the entire proceedings of Criminal Case No.13 of 2025 (State Vs. Dinesh and others), arising out of Case Crime No.315 of 2024 and pending before the Additional Chief Judicial Magistrate-IIIrd, Amroha, together with the cognizance/summoning order dated 07.01.2025, ought to be quashed pursuant to this application under s.528 BNSS. +1 more

Ratio / Principle

The Court directed the office to send the certified copy of the compromise to the court concerned, i.e. the learned Additional Chief Judicial Magistrate-IIIrd, Amroha, for verification of the same.

Key takeaways

The applicants and opposite party no.2 were directed to appear before the court concerned on or before 19.09.2025.ratio¶18
The learned Additional Chief Judicial Magistrate-IIIrd, Amroha is to verify the compromise in the presence of both parties and submit a compromise verification report to this Court within two weeks thereafter.ratio¶19
Counsel for the applicants may file a further supplementary affidavit bringing on record the proceedings of the compromise within two weeks after its verification.

Detailed headnote1 paragraphs

Allahabad High Court, Court No.89 (Jitendra Kumar Sinha, J.), September 2, 2025 — Application U/S 528 BNSS No.16924 of 2025, Dinesh @ Dinesh Kumar and 2 Others v. State of U.P. and Another (interim order). Applicants sought quashing of the cognizance/summoning order dated 07.01.2025 and the entire proceedings of Criminal Case No.13 of 2025 (State v. Dinesh), arising out of Case Crime No.315 of 2024 under B.N.S. ss.115(2), 352, 351(2), 351(3) and 110, Police Station Saidnagali, District Amroha, pending before the Additional Chief Judicial Magistrate-IIIrd, Amroha. Counsel reported a compromise between the applicants and opposite party no.2 (Annexure SA-1). With no objection from either side, the Court directed transmission of the certified compromise to the trial court for verification, appearance of both parties on or before 19.09.2025, a compromise verification report within two weeks thereafter, and, pending relisting on 14.10.2025, that no coercive action be taken against the applicants. Final decision deferred.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 16924 of 2025

Dinesh @ Dinesh Kumar And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.	....Opposite Party(s)
Counsel for Applicant(s)	: Vindeshwari Prasad
Counsel for Opposite Party(s)	: Arvind Kumar Sahu,	G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Supplementary affidavit filed by learned counsel for the applicants is taken on record.

Heard Shri Vindeshwari Prasad, learned counsel for the applicants, Shri Arvind Kumar Sahu, learned counsel for the opposite party no.2 and Shri J.P.Singh, learned AGA for the State-opposite party no.1.

This application u/s 528 BNSS. has been preferred for quashing of the entire proceedings, including the cognizance/summoning order dated 07.01.2025 as well as entire proceedings of Criminal Case No.13 of 2025 (State Vs. Dinesh and others), arising out of Case Crime No.315 of 2024, under sections 115(2), 352, 351(2), 351(3), 110 of B.N.S., Police Station Saidnagali, District Amroha, pending in the court of learned Additional Chief Judicial Magistrate-IIIrd, Amroha.

It is contended by learned counsel for the applicants that applicants and opposite party no.2 have entered into compromise and certified copy of the compromise is on the record as Annexure SA-1 to the supplementary affidavit. He further submits that said compromise needs to be verified by the learned court concerned and he prays that same may be sent to the court concerned i.e. learned Additional Chief Judicial Magistrate-IIIrd, Amroha.

On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have no objection to the above submissions of learned counsel of the applicants.

In view of the above, office is directed to send the certified copy of

NA528 No. 16924 of 2025

2

compromise to the court concerned i.e. learned Additional Chief Judicial Magistrate-IIIrd, Amroha., for verification of the same. The applicants and opposite party no.2 are directed to appear before the court concerned on or before 19.09.2025.

Learned court concerned i.e. learned Additional Chief Judicial MagistrateIIIrd, Amroha, shall verify the compromise in the presence of both the parties and submit a compromise verification report to this Court, within two weeks thereafter.

Learned counsel for the applicants may also file a supplementary affidavit bringing on record the proceedings of the compromise, within two weeks, after verification of the compromise.

List this case on 14.10.2025 as fresh, before the appropriate Bench.

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

September 2, 2025 RKM

(Jitendra Kumar Sinha,J.)

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