Disposed¶23

Shivram Kesharwani and 3 Others v. State of U.P. and Another

Allahabad HC6 Jun 2025NA528/19759/2025

Case brief

AI extract

What is this about?

Quashing application on basis of compromise; S.528 BNSS (caption) / S.482 Cr.P.C. (body); Sections 323, 504, 506, 308 IPC; Case No.3372 of 2024 (State vs. Shivram); Case Crime No.292 of 2023; PS Nawabganj, District Allahabad; ACJM Court No.16 Allahabad; compromise verification report; parties to appear 25.09.2025; listing 29.10.2025 as fresh; interim order extended till next date; single judge Jitendra Kumar Sinha, J.; decided 04.09.2025; no opposition by State or opposite party no.2.

What did the court decide?

No final relief on quashing; matter referred to the trial court for verification of the compromise with directions to report back, and interim order, if any, extended till the next date of listing. ¶23

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

What the court decided

AI extract

Outcome

No final relief on quashing; matter referred to the trial court for verification of the compromise with directions to report back, and interim order, if any, extended till the next date of listing.

¶23

Issue for consideration

Whether the entire criminal proceeding of Case No.3372 of 2024 (State vs. Shivram), under Sections 323, 504, 506, 308 IPC, pending before the Additional Chief Judicial Magistrate, Court No.16, Allahabad, may be quashed on the basis of the compromise between the applicants and opposite party no.2.

¶12

Court's answer

Office directed to send the certified copy of the compromise to the court concerned (Additional Chief Judicial Magistrate, Court No.16, Allahabad) for verification.

¶18

Ratio / Principle

The applicants and opposite party no.2 directed to appear before the court concerned on 25.09.2025 for verification of the compromise.

¶19

Key takeaways

The court below shall verify the compromise in the presence of both parties and submit a compromise verification report to this Court within two weeks thereafter.ratio¶20
Learned counsel for the applicants may file a supplementary affidavit placing the compromise verification proceedings on record within two weeks after verification.ratio¶21
Case to be listed on 29.10.2025 as fresh before the appropriate Bench, and interim order, if any, extended till the next date of listing.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Jitendra Kumar Sinha, J.), decision dated September 4, 2025, in Application U/S 528 BNSS No.- 19759 of 2025 (described in the body as an application u/s 482 Cr.P.C.) filed by Shivram Kesharwani and 3 others seeking quashing of the entire criminal proceeding of Case No.3372 of 2024 (State vs. Shivram) under Sections 323, 504, 506, 308 IPC, arising out of Case Crime No.292 of 2023, Police Station Nawabganj, District Allahabad, pending before the learned Additional Chief Judicial Magistrate, Court No.16, Allahabad, on the basis of compromise. Counsel for the applicants stated that the applicants and opposite party no.2 had entered into a compromise whose certified copy was on record as annexure No.3, and prayed that it be sent for verification; counsel for opposite party no.2 and the learned AGA for the State raised no objection. The Court directed the office to send the certified copy of the compromise to the trial court for verification; the applicants and opposite party no.2 to appear before it on 25.09.2025; the trial court to verify the compromise in the presence of both parties and submit a compromise verification report to the High Court within two weeks thereafter; liberty to file a supplementary affidavit on the verification proceedings within two weeks after verification; case to be listed fresh on 29.10.2025 before the appropriate Bench; interim order, if any, extended till the next date of listing. No precedent was engaged and the question of quashing was left open pending the verification report.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 19759 of 2025

¶3

Shivram Kesharwani And 3 Others

¶4

.....Applicant(s)

¶5

Versus

¶6

State of U.P. and Another

¶7

.....Opposite Party(s)

¶8

Counsel for Applicant(s)	: Shashi Ranjan Srivastava
Counsel for Opposite Party(s)	: Ram Bilas Kannaujia, G.A.

¶9

Court No. - 89

¶10

HON'BLE JITENDRA KUMAR SINHA, J.

¶11

Heard Sri Shashi Ranjan Srivastava, learned counsel for the applicants, Sri Ram Bilas Kannaujia, learned counsel for the opposite party no.2 and Sri Ashish Kumar Tripathi, learned AGA for the State-opposite party no.1 are present.

¶12

This application u/s 482 Cr.P.C. has been preferred for quashing of the entire criminal proceeding of Case No.3372 of 2024(State Vs. Shivram), under sections 323, 504, 506, 308, IPC, Police Station Nawabganj, District Allahabad, arising out of Case Crime No.292 of 2023, pending in the court of learned Additional Chief Judicial Magistrate, Court No.16, Allahabad, on the basis of compromise.

¶13

It is contended by learned counsel for the applicants that the applicants and opposite party no.2 have entered into compromise and a certified copy of the compromise is already on record as annexure No.3 to the memo of application. 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, Court No.16, Allahabad, for verification.

¶14

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

¶15

NA528 No. 19759 of 2025

¶16

¶17

learned counsel of the applicants.

¶18

In view of the above, office is directed to send the certified copy of compromise to the court concerned i.e. learned Additional Chief Judicial Magistrate, Court No.16, Allahabad, for verification of the same.

¶19

The applicants and opposite party no.2 are directed to appear before the court concerned on 25.09.2025, for verification of the compromise.

¶20

Learned court concerned i.e. learned Additional Chief Judicial Magistrate, Court No.16, Allahabad, shall verify the compromise in the presence of both the parties and submit a compromise verification report to this Court, within two weeks thereafter.

¶21

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

¶22

List this case on 29.10.2025 as fresh, before the appropriate Bench.

¶23

Interim order, if any, is extended till the next date of listing.

¶24

September 4, 2025 VKG

¶25

(Jitendra Kumar Sinha,J.)

¶26

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

Shivram Kesharwani and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shivram Kesharwani and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shahid Husain and 6 Others vs State of U.P. and Another

Jubair Mallik and 2 Others vs State of U.P. and Another

Chandrbhan Alias Leelu and 3 Others vs State of U.P. and 3 Others

Rajbabu Alias Deepak and 2 Others vs State of U.P. and Another

Ishwar and 5 Others vs State of U.P. and Another

Shahid Husain and 6 Others vs State of U.P. and Another