Dharmendra and 6 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Dharmendra and 6 Others 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 applicants till the next date of listing; parties directed to appear before the trial Court on 24.09.2025 with a fresh compromise signed by opposite party No. 2 for verification, and to file the verified compromise with the trial Court's order before the High Court within two weeks with a supplementary affidavit; case listed on 29.10.2025.

Issue for consideration

Whether the charge-sheet dated 10.08.2021 in Case Crime No. 04 of 2021 and the summoning order dated 30.06.2022 in Case No. 13 of 2022 should be quashed in view of the compromise dated 18.06.2025 arrived at between the parties.

Court's answer

The applicants and opposite party No. 2 were directed to appear before the trial Court on 24.09.2025 and file a fresh compromise bearing the signature of opposite party No. 2; the trial Court may examine the identity and signatures of the parties and, if found genuine, proceed to verify the compromise.

Ratio / Principle

If the compromise is verified by the trial Court, a copy of the trial Court's order along with the duly verified compromise is to be filed before this Court within two weeks along with a supplementary affidavit, so that further action may be taken thereon.

Key takeaways

As an interim measure, till the next date of listing (29.10.2025), no coercive action shall be taken against the applicants in the aforesaid case.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Ram Manohar Narayan Mishra, J.), September 11, 2025 — Application under Section 528 BNSS, 2023 by Dharmendra and 6 others seeking quashing of the charge-sheet dated 10.08.2021 in Case Crime No. 04 of 2021 (Sections 452, 323, 504, 506 I.P.C., P.S. Mahila Thana, District Amroha) and the summoning order dated 30.06.2022 passed by Civil Judge (Jr. Division)/FTC-II, Amroha in Case No. 13 of 2022, on the ground of a compromise dated 18.06.2025 between the contesting parties arising out of a private dispute. The Court did not quash the proceedings itself; it directed the applicants and opposite party No. 2 to appear before the trial Court on 24.09.2025 and file a fresh compromise bearing the signature of opposite party No. 2, for examination of identity and signatures and verification if found genuine; the verified compromise with the trial Court's order is to be filed before the High Court within two weeks with a supplementary affidavit for further action. Till the next date of listing (29.10.2025), no coercive action was to be taken against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 23881 of 2025

Dharmendra And 6 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Rajiv Sisodia, Shashank Dwivedi
Counsel for Opposite Party(s)	: G.A.
Court No.- 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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

The instant application under Section 528 BNSS, 2023 has been filed for quashing the charge-sheet dated 10.08.2021 filed in Case Crime No. 04 of 2021, under Sections 452, 323, 504, 506 I.P.C., Police Station- Mahila Thana, District- Amroha as well as summoning order dated 30.06.2022 passed by Civil Judge, (Jr. Division)/FTC-II, Amroha in Case No. 13 of 2022.

Learned counsel for the applicants submits that the alleged offence is not of a serious nature and is triable by Magistrate. Due to the intervention of some respectable persons and well-wishers of both parties, a compromise has been arrived at between the contesting parties, and they are no longer inclined to proceed with the said criminal case. The dispute has, in fact, arisen out of a private matter between the parties. It is, therefore, prayed that necessary direction may kindly be issued to the trial Court to verify the compromise dated 18.06.2025, which has been entered into between the parties. A copy of the said compromise has been annexed as Annexure No. 3 to the affidavit.

Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into a compromise. Therefore, the applicants may approach the concerned court below and move an application with respect to compromise between the

NA528 No. 23881 of 2025

2

parties, which shall be decided in accordance with law.

The applicants and opposite party No.2 are directed to appear before the trial Court on 24.09.2025 and file a fresh compromise before trial Court, bearing signature of opposite party No.2 and trial Court may consider and examine the identity and signature of the parties, and if it is found genuine, the court may proceed for verifying the same.

In case, the same is verified by the trial Court, a copy of the order of the trial Court alongwith a copy of compromise duly verified by the trial Court, be filed before this Court within two week alongwith supplementary affidavit, so further action may be taken thereon.

List this case on 29.10.2025.

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

September 11, 2025 Anjali

(Ram Manohar Narayan Mishra,J.)

Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad