Sikandar and 7 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sikandar and 7 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: parties to seek trial-court verification of the written compromise (report to be sent to this Court); no coercive measures against applicants till 4.8.2025; final quashing decision deferred pending verification and report.

Issue for consideration

Whether the charge sheets dated 3.6.2012 and 23.11.2015 and the cognizance orders dated 5.10.2012 and 1.1.2016 in Case No. 512 of 2016 (arising out of Case Crime No. 386 of 2011) should be quashed in view of the reconciliation and written compromise between the parties.

Court's answer

Parties directed to appear before the trial court with a certified copy of this order on the next date fixed and to file an application for verification of the original compromise document.

Ratio / Principle

Trial court expected to fix a date for verification of the compromise and pass an appropriate order on the verification within two months.

Key takeaways

Upon due verification, the trial court may pass appropriate order and send a report to this Court.ratio¶¶9
Interim protection: no coercive measures to be taken against the applicants in the aforesaid case until the next listing on 4.8.2025.ratio¶¶11

Detailed headnote1 paragraphs

Application u/s 528 BNSS (No. 20690 of 2025) by Sikandar and seven others seeking quashing of charge sheets dated 3.6.2012 and 23.11.2015 and cognizance orders dated 5.10.2012 and 1.1.2016 in Case No. 512 of 2016 (State Vs. Sikandar and others) arising out of Case Crime No. 386 of 2011 (Ss.- 147, 148, 149, 307 I.P.C.), Police Station Babupurwa, District Kanpur Nagar, pending before Metropolitan Magistrate-10, Kanpur Nagar. Counsel submitted that the parties had reconciled their differences and executed a written compromise; counsel for opposite party no. 2 did not dispute its correctness. Court passed an interim order directing the parties to appear before the trial court with a certified copy of the order and file an application for verification of the original compromise; trial court expected to verify the compromise and pass appropriate order within two months and send a report to this Court; till the next listing on 4.8.2025 no coercive measures against the applicants. Final decision on quashing deferred pending verification and report.

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 20690 of 2025

Applicant :- Sikandar And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitesh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

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

The present application under Section 528 B.N.S.S. has been filed praying for quashing of charge sheets dated 3.6.2012 and 23.11.2015 as well as the cognizance orders dated 5.10.2012 and 1.1.2016 in Case No.512 of 2016 (State Vs. Sikandar and others) arising out of Case Crime No. 386 of 2011, under Sections- 147, 148, 149, 307 I.P.C., Police StationBabupurwa, District- Kanpur Nagar, pending before the Metropolitan Magistrate-10, Kanpur Nagar.

Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

List on 4.8.2025.

Till then no coercive measure shall be taken against the applicants in the aforesaid case.

Order Date :- 19.6.2025 Vandana Y.

Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad