Mashruf vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Mashruf vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only; final decision on quashing deferred. Parties directed to appear before the court below within three weeks for verification of the compromise dated 20.08.2025, with a verification report due by the next date fixed; matter connected and to be listed with Application U/S 528 BNSS- 14392 of 2025 (Sazid and 2 others v. State of U.P. and others); proceedings of Case No. 22438 of 2024 to remain in abeyance till the next date of listing.

Issue for consideration

Whether the entire proceeding of Case No. 22438 of 2024 (State v. Mashruf) under Sections 147, 148, 149, 308, 323, 324, 506 IPC arising out of Case Crime No. 410 of 2016, Police Station Chhapar, District Muzaffarnagar, together with charge-sheet No. 267 of 2018 dated 08.12.2018, may be quashed on the basis of the compromise dated 20.08.2025 between the parties.

Court's answer

Both the parties were directed to appear before the court below within three weeks to get their compromise verified.

Ratio / Principle

The court concerned was directed to verify the compromise in the presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

Key takeaways

As interim relief, the proceedings of Case No. 22438 of 2024 (State v. Mashruf) under Sections 147, 148, 149, 308, 323, 324, 506 IPC arising out of Case Crime No. 410 of 2016, Police Station Chhapar, District Muzaffarnagar, were ordered to remain in abeyance till the next date of listing.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 78; Nand Prabha Shukla, J.), September 8, 2025 — Application U/S 528 BNSS No. 33922 of 2025 (Mashruf v. State of U.P. and 3 Others). The applicant sought quashing of the entire proceeding of Case No. 22438 of 2024 (State v. Mashruf) under Sections 147, 148, 149, 308, 323, 324, 506 IPC arising out of Case Crime No. 410 of 2016, Police Station Chhapar, District Muzaffarnagar, including charge-sheet No. 267 of 2018 dated 08.12.2018, on the strength of a compromise between the parties dated 20.08.2025 (Annexure No. 7). The learned A.G.A. submitted that verification of the compromise is for the Trial Court. The Court did not finally decide the quashing prayer: it directed both parties to appear before the court below within three weeks for verification of the compromise, to be done in their presence after recording their statements, with a verification report to be submitted on or before the next date fixed; it ordered the matter to be connected and listed with Application U/S 528 BNSS- 14392 of 2025 (Sazid and 2 others v. State of U.P. and others); and it directed that the criminal proceedings shall remain in abeyance till the next date of listing. This is an interim order pending verification of the compromise by the court below.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33922 of 2025

Mashruf

.....Applicant(s)

Versus

State Of U.P. And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Jagdish Prasad Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The present Application U/S 528 BNSS has been filed with the prayer to quash the entire proceeding of Case No. 22438 of 2024 (State v. Mashruf) under Section 147, 148, 149, 308, 323, 324, 506 IPC arising out of Case Crime No. 410 of 2016, Police Station- Chhapar, District-Muzaffarnagar as well as charge-sheet No.-267 of 2018 dated 08.12.2018, pending before the Additional Chief Judicial Magistrate-I, Court No.1, Muzaffarnagar on the basis of compromise and it is further prayed that this Hon'ble Court may be pleased to stay the entire proceeding of Case No. 22438 of 2024 (State v. Mashruf) under Section 147, 148, 149, 308, 323, 324, 506 IPC arising out of Case Crime No. 410 of 2016, Police Station-Chhapar, DistrictMuzaffarnagar.

At the very outset, learned counsel for the applicant submits that the parties have entered into a compromise dated 20.08.2025, which is placed as Annexure No. 7 to the application, and amicably settled their disputes. Therefore, instant application may be allowed and criminal proceedings be quashed.

Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in accordance with law.

NA528 No. 33922 of 2025

2

In this conspectus, as above, both the parties are hereby directed to appear before the court below within three weeks from today to get their compromise verified. The learned court concerned, shall verify the same in the presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

Connect and list with Application U/S 528 BNSS- 14392 of 2025 (Sazid and 2 others v. State of U.P. and others).

Till the next date of listing, proceeding of Case No. 22438 of 2024 (State v. Mashruf) under Section 147, 148, 149, 308, 323, 324, 506 IPC arising out of Case Crime No. 410 of 2016, Police Station- Chhapar, DistrictMuzaffarnagar, shall remain in abeyance.

September 8, 2025 Aditya Tripathi

(Nand Prabha Shukla,J.)

Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad