Abhishek Chauhan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abhishek Chauhan vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicant till the next date of listing; trial court to verify the compromise upon appearance of both parties and prepare/send its report to this Court; parties permitted to obtain certified copy of the verified compromise and file the same before this Court by the next date; case listed on 24.09.2025.

Issue for consideration

Whether the entire proceedings of Case No. 5107 of 2023, arising out of Case Crime No. 0015 of 2022 (Sections 323, 504, 506, 324 IPC, Police Station Subhash Nagar, District Bareilly), pending before the Additional Chief Judicial Magistrate / Small Cause Judge, Bareilly, may be quashed on the basis of the compromise arrived at between the parties.

Court's answer

If both parties appear before the court concerned on the date fixed for verification of the compromise, that court shall ascertain the veracity of the compromise; if verified, a report shall be prepared and made part of the record, the parties may obtain a certified copy and file the same before this Court by the next date, and after verification the report shall also be sent to this Court.

Ratio / Principle

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Raj Beer Singh, J.), Application u/s 528 BNSS No. 22702 of 2025, decided 20.08.2025: Abhishek Chauhan sought quashing of the entire proceedings of Case No. 5107 of 2023, arising out of Case Crime No. 0015 of 2022, under Sections 323, 504, 506, 324 IPC, Police Station Subhash Nagar, District Bareilly, pending before the Additional Chief Judicial Magistrate / Small Cause Judge, Bareilly, on the basis of a compromise already filed before the trial court. The Court directed that if both parties appear before the court concerned on the date fixed for verification of the compromise, that court shall ascertain its veracity; if verified, a report shall be prepared, made part of the record, a certified copy made available to the parties for filing before the High Court by the next date, and the report shall also be sent to the High Court. Till the next date of listing (24.09.2025), no coercive action was to be taken against the applicant. The question of quashing was not finally decided at this stage.

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 22702 of 2025

Applicant :- Abhishek Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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

This application u/s 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS ') has been filed for quashing of the entire proceedings, of Case No. 5107 of 2023, arising out of Case Crime No. 0015 of 2022, under Sections - 323, 504, 506, 324 I.P.C., Police Station - Subhash Nagar, District - Bareilly, pending in the court of Additional Chief Judicial Magistrate / Small Cause Judge, Bareilly, in terms of the compromise between the parties

It is submitted by learned counsel for the applicant that dispute between the parties is private in nature and now both the parties have amicably settled the dispute and compromised the case. The compromise has already been filed before the court concerned. It was submitted that the proceedings of aforesaid case may be quashed on the basis of compromise arrived at between the parties.

In view of aforesaid facts, it is directed that in case both the parties appear before the court concerned on the date fixed before the said court for verification of the compromise, the court concerned shall ascertain the veracity of the said compromise. If the said compromise is verified, a report to that effect will be prepared and the same shall be made part of the record and the parties would be allowed to obtain certified copy thereof and file

the same before this Court by the next date. After verification, the report of the same shall also be sent to this Court.

List this case on 24.09.2025.

Till the next date of listing, no coercive action would be taken against the applicant in the aforesaid case.

Order Date :- 20.8.2025 S Rawat

Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad