Anil Kumar and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Anil Kumar and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: parties to appear before the trial court with certified copy of the order and photocopy of the compromise deed; trial court to verify the parties and compromise and pass appropriate order within four weeks; liberty to file a fresh application under Section 528 BNSS thereafter; no coercive measures against the applicants for eight weeks.

Issue for consideration

Whether the entire criminal proceedings of Case No. 5714 of 2008 (arising out of Case Crime No. 227/2008, P.S. Mauaima) under Sections 147, 323, 504, 506, 452 IPC should be quashed on the basis of the compromise dated 16.12.2024 between the parties.

Court's answer

Parties shall appear before the court below with a certified copy of this order and a photocopy of the compromise deed on the next date fixed; the trial court is expected to fix a date for verification of the parties and the compromise and pass an appropriate order within next four weeks.

Ratio / Principle

Liberty granted to the applicants to file a fresh application under Section 528 BNSS at that stage (after verification of the compromise) for the relief sought.

Key takeaways

For a period of eight weeks, no coercive measure shall be taken against the applicants.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), September 24, 2025 — Anil Kumar & 4 others v. State of U.P. & anr., Application U/S 528 BNSS No. 17984 of 2025. Applicants sought quashing of the entire proceedings of Case No. 5714 of 2008 (State Vs. Gyan Prakash & other), under Sections 147, 323, 504, 506, 452 IPC, arising out of Case Crime No. 227/2008, P.S. Mauaima, District Allahabad (now Prayagraj), pending before ACJM-VI, Allahabad, on the basis of a compromise dated 16.12.2024 between the applicants and opposite party no. 2. The Court did not itself quash the proceedings: parties were directed to appear before the court below with a certified copy of the order and photocopy of the compromise deed; the trial court was expected to fix a date for verification of the parties and the compromise and pass an appropriate order within four weeks; liberty was reserved to the applicants to file a fresh Section 528 BNSS application at that stage. No coercive measure was to be taken against the applicants for eight weeks. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 17984 of 2025

Anil Kumar And 4 Others

	Versus .....	Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Chandan Sharma, Rahul	Agarwal
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 528 B.N.S.S. application has been filed to quash the entire proceedings of Case No. 5714 of 2008 (State Vs. Gyan Prakash & other), under Sections 147, 323, 504, 506, 452 I.P.C. arising out of Case Crime No.227/2008, under Section 147, 323, 504, 506, 452, 380 I.P.C., Police Station- Mauaima, District- Allahabad (now Prayagraj), pending in the Court of Additional Chief Judicial Magistrate-VI, Allahabad on the basis of compromise dated 16.12.2024 entered into between the parties.

It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise dated 16.12.2024. A copy of the compromise deed entered into between the parties has been annexed as Annexure-4 to the application.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and a photocopy of the compromise deed on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 528 B.N.S.S. at that stage for the relief sought herein.

In view of the above, the present application is disposed of .

NA528 No. 17984 of 2025

2

For a period of eight weeks, no coercive measure shall be taken against the applicants.

(Deepak Verma,J.)

September 24, 2025

Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad