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

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

What the court decided

AI extract

Outcome

Final adjudication deferred; interim directions issued and the application remains open (listed fresh for 16.10.2025): parties to appear before the trial Court within two weeks and place the compromise dated 07.04.2025 on record; the court below to satisfy itself as to the genuineness of the compromise and, upon verification, forward the verification order and a certified copy of the compromise to this Court within two weeks by supplementary affidavit; meanwhile no coercive action is to be taken against the applicants till the next date of listing.

Issue for consideration

Whether the criminal proceedings arising from Case Crime No. 21 of 2024 under Sections 323, 504, 336, 308 IPC — comprising the summoning/cognizance order dated 18.01.2025 in Case No. 2093 of 2025 and Charge Sheet No. 42/2024 dated 09.02.2024 pending before the Civil Judge (Senior Division)/F.T.C./A.C.J.M., Badaun — should be quashed in view of the compromise dated 07.04.2025 reached between the parties. +1 more

Court's answer

The parties are directed to appear before the trial Court within two weeks and to file/place the compromise dated 07.04.2025 on record before the Court below.

Ratio / Principle

The Court concerned is to record its satisfaction regarding the genuineness of the compromise entered into between the parties, whereupon the proceedings may continue with the same in the presence of the applicants and opposite parties.

Key takeaways

If the compromise is verified, a copy of the verification order together with a certified copy of the compromise shall be sent to this Court within two weeks of verification, by way of supplementary affidavit.ratio¶¶16
As an interim measure, no coercive action shall be taken against the applicants till the next date of listing.ratio¶¶18

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Ram Manohar Narayan Mishra, J.), order dated September 10, 2025, on Application U/S 528 BNSS No. 23474 of 2025 (Banke Lal and Another v. State of U.P. and Another): the applicants sought quashing of the criminal proceedings arising from Case Crime No. 21 of 2024 (Sections 323, 504, 336, 308 IPC, Police Station Faizganj Behta, District Budaun), including the summoning/cognizance order dated 18.01.2025 in Case No. 2093 of 2025 and impugned Charge Sheet No. 42/2024 dated 09.02.2024 pending before the Civil Judge (Senior Division)/F.T.C./A.C.J.M., Badaun, on the basis of a compromise dated 07.04.2025 settled amicably between the parties (copy filed before the Court below as annexure no. 8). Exercising powers under Section 528 BNSS, the Court did not finally quash the proceedings at this stage; it directed the parties to appear before the trial Court within two weeks and place the compromise on record, directed the Court concerned to record its satisfaction regarding the genuineness of the compromise (with the proceedings thereafter to continue in the presence of the applicants and opposite parties), and ordered that, in the event the compromise is verified, a copy of the verification order and a certified copy of the compromise be sent to this Court within two weeks by way of supplementary affidavit. The case was listed fresh for 16.10.2025 and, as interim relief, no coercive action is to be taken against the applicants till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 23474 of 2025

Banke Lal And Another

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Roopesh Kumar Mishra
Counsel for Opposite Party(s) :	G.A.

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for applicants sand leaned A.G.A. for the State and perused the record.

The instant application has been filed for quashing the proceedings and summoning/cognizance order dated 18.01.2025 filed in Case No. 2093 of 2025 (State Vs. Banke Lal And Another) on the basis of compromise dated 07.04.2025, under Sections 323, 504, 336, 308 IPC, Police StationFaizganj Behta, District- Budaun in Case Crime No. 21 of 2024 as well as impugned Charge Sheet No. 42/2024 dated 09.02.2024, pending in the Court of learned Civil Judge (Senior Division)/F.T.C./A.C.J.M., Badaun.

Learned counsel for applicants submits that as per prosecution version some altercation took place between the informant side and accused applicants due to which sister-in-law of the informant came to rescue him and she also sustained serious head injuries. However, a compromise has entered into between the parties. A copy of the said compromise dated 07.04.2025 has been filed before the Court below, which is annexed as annexure no. 8 to the affidavit. Therefore, necessary order may be passed directing the Court concerned for verification of the said compromise.

It is submitted that the victim and applicants settled their dispute amicably outside the Court and there is no legal impediment in disposal of said compromise, if an order is passed by this Court in exercise of powers under Section 528 BNSS.

NA528 No. 23474 of 2025

2

The dispute in question is simple in nature and do not have serious impact on the society and the parties are not inclined to pursue the proceeding any more.

In view of the above, it is directed the party shall appear before the trial Court within two weeks from today and filed the said compromise before the Court below and place the compromise on record to the Court.

The Court concerned after recording its satisfaction regarding the genuinity of the compromise entered between the parties the proceeding may proceed with the same in presence of applicants and opposite parties. In the event, the compromise is verified, a copy of verification order as well as certified copy of the compromise shall be sent before this Court within two weeks after verification by way of supplementary affidavit.

List this case on 16.10.2025 as fresh.

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

(Ram Manohar Narayan Mishra,J.)

September 10, 2025 Neetu

Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad