Abhijeet Singh and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Abhijeet Singh and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued for the applicants and both injured persons to appear before the court below within three weeks and press the compromise already filed; trial court to record satisfaction as to genuineness and signatures, and if verified, forward the verification order/report with a copy of the compromise to the High Court within two weeks; interim protection that no coercive process be adopted against the applicants till the next date of listing (case listed for 27.10.2025).

Issue for consideration

Whether the parties may be permitted to file the original copies of the compromise before the trial court and the trial court directed to verify it, so that further proceedings in the pending criminal case (Session Trial No.1793 of 2023) may be brought to an end.

Court's answer

The Court directed that the applicants and both the injured persons will appear before the court below within three weeks and press the compromise filed by them before the court below.

Ratio / Principle

The court below will record satisfaction regarding genuineness of the compromise and signature of the parties thereon.

Key takeaways

In case the compromise is verified, a copy of the verification order/report coupled with a copy of the compromise shall be forwarded to this Court within the next two weeks for further action.ratio¶¶17
As an interim measure, till the next date of listing, no coercive process shall be adopted against the applicants in the aforesaid case by the court below.ratio¶¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ram Manohar Narayan Mishra, J.), Application U/S 528 BNSS No. - 26429 of 2025, decided September 8, 2025. Applicants facing trial in Session Trial No.1793 of 2023, arising out of Case Crime No.561 of 2022, under Sections 308, 323, 504, 506 IPC, Police Station Chauri Chaura, district Gorakhpur, pending before the Special Judge (Anti Corruption Act) Court No.4, Gorakhpur, reported a compromise arrived at with the injured persons; Section 308 IPC had been added during investigation on account of head injury of injured Prem Chand Singh. The Court, considering the nature of the offence and the factum of compromise, directed the applicants and both injured persons to appear before the court below within three weeks and press the compromise filed there; the court below is to record satisfaction regarding genuineness of the compromise and signatures of the parties, and upon verification, forward a copy of the verification order/report with a copy of the compromise to the High Court within two weeks for further action. Until the next date of listing (27.10.2025), no coercive process is to be adopted against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 26429 of 2025

Abhijeet Singh And 2 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

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

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the applicants and learned counsel for opposite party no.2 as well as learned A.G.A. appearing for the State.

At the outset learned counsel for the applicants submits that the applicants are facing trial in Session Trial No.1793 of 2023, arising out of Case Crime No.561 of 2022, under Sections 308, 323, 504, 506 IPC, Police Station Chauri Chaura, district Gorakhpur, pending in the Court of Special Judge (Anti Corruption Act) Court No.4, Gorakhpur. The offence is punishable in terms of seven years imprisonment. He further submits that the compromise has arrived between the parties due to well wishers and some responsible persons from both sides and both the parties are willing to get the dispute resolved, therefore, it is prayed that the parties may be permitted to file original copies of the compromise (annexure no.9 of the affidavit) before the trial court and the trial court may be directed to verify the same so that further proceedings in the said criminal case may be brought to an end.

Learned counsel for opposite party no.2 has no objection regarding submission of learned counsel for the applicants. The injured persons have resolved their dispute with the applicants. It is submitted that compromise has already been filed before the learned court below, therefore, necessary directions may be issued to the trial court in this regard.

Upon perusal of record that on account of head injury of injured Prem Chand Singh, the Section 308 IPC has been added during investigation whereas the FIR was initially lodged under Sections 323, 504, 506 IPC.

NA528 No. 26429 of 2025

2

Considering the nature of offence and factum of compromise taken by the parties before this Court, it is directed that the applicants and both the injured persons will appear before the court below within three weeks and press the compromise filed by them before the court below. The court below will record satisfaction regarding genuineness of compromise and signature of the parties thereon and in case, the compromise is verified, a copy of the said verification order/report coupled with a copy of compromise shall be forwarded to this Court within next two weeks for further action.

List this case on 27.10.2025.

Till the next date of listing, no coercive process shall be adopted against the applicants in the aforesaid case by the court below.

September 8, 2025 I.A.Siddiqui

(Ram Manohar Narayan Mishra,J.)

Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad