Gangadeen Alias Rajesh Kumar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Gangadeen Alias Rajesh Kumar vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter not finally adjudicated at this stage: Court ordered verification of the compromise before the court concerned (report to be prepared, made part of record, certified copy to parties for filing before the High Court, and report also sent to the High Court); case listed for 13.10.2025; interim protection that no coercive action be taken against the applicant till the next date of listing.

Issue for consideration

Whether the entire proceedings of Session Trial No. 152 of 2024 (State v. Gangadeen), arising out of Case Crime No. 176 of 2011, under Sections 363, 366 IPC, pending before Additional Sessions Judge, Court No. 3, District- Fatehpur, may be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

Till the next date of listing (fixed as 13.10.2025), no coercive action would be taken against the applicant in the aforesaid case.

Ratio / Principle

Directed that in case both the parties appear before the court concerned on the date fixed for verification of the compromise, the court concerned shall ascertain the veracity of the said compromise.

Key takeaways

If the said compromise is verified, a report to that effect will be prepared and made part of the record.ratio¶15
After verification, the parties would be allowed to obtain a certified copy of the report and file the same before this Court by the next date.ratio¶15
After verification, the report shall also be sent to this Court.ratio

Detailed headnote1 paragraphs

Application u/s 528 BNSS No. 23949 of 2025, High Court of Judicature at Allahabad (Court No. 71), Hon'ble Raj Beer Singh, J., decided September 3, 2025: filed by Gangadeen alias Rajesh Kumar seeking quashing of the entire proceedings, including charge-sheet dated 27.03.2012 and cognizance/summoning order dated 16.05.2012, of Session Trial No. 152 of 2024 (State v. Gangadeen), arising out of Case Crime No. 176 of 2011, under Sections 363, 366 IPC, P.S.- Bindki, District- Fatehpur, pending in the court of Additional Sessions Judge, Court No. 3, District- Fatehpur, in terms of the compromise between the parties. Counsel submitted that the alleged dispute arose due to misconception and both parties had amicably settled and compromised the case, the compromise having already been filed before the court concerned. 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 the veracity of the compromise; if verified, a report shall be prepared, made part of the record, a certified copy allowed to the parties to file before this Court by the next date, and the report also sent to this Court. The case was listed for 13.10.2025 and, till the next date of listing, no coercive action was to be taken against the applicant in the aforesaid case.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 23949 of 2025

Gangadeen Alias Rajesh Kumar

.....Applicant(s)

Versus

State Of U.P. And 2 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Manvendra Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Shri Shivam Singh, Advocate has filed short counter affidavit along with Vakalatnama on behalf of opposite party no. 3 today in Court, which is taken on record.

Learned counsel for the applicant, learned counsel for the opposite party no. 3 and learned AGA for the State are present.

This application u/s 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS ') has been filed for quashing of the entire proceedings, including charge-sheet dated 27.03.2012 as well as cognizance / summoning order dated 16.05.2012, of Session Trial No. 152 of 2024 (State v. Gangadeen), arising out of Case Crime No. 176 of 2011, under Sections 363, 366 IPC, P.S.- Bindki., District- Fatehpur, pending in the court of Additional Sessions Judge, Court No. 3, District- Fatehpur, in terms of the compromise between the parties

It is submitted by learned counsel for the applicants that alleged dispute has taken place due to misconception 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

NA528 No. 23949 of 2025

2

same shall also be sent to this Court.

List this case on 13.10.2025.

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

September 3, 2025 Rama Kant

(Raj Beer Singh,J.)

Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad