Jubair and 3 Others vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Jubair and 3 Others vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Not a final disposition at this stage: interim directions were issued — parties to appear before the trial court on the date fixed for verification of the compromise, whose verified report is to be made part of the record, furnished as certified copy for filing before the High Court by the next date and sent to the High Court; case listed on 11.11.2025; interim relief that no coercive action would be taken against the applicants till the next date of listing.

Issue for consideration

Whether the entire proceedings of Case No.3319 of 2025 (State vs. Jubair & others), arising out of Case Crime No.209 of 2024, under Sections 147, 323, 324, 504, 506, 325 IPC, P.S.-Kairana, District-Shamli, pending before the Chief Judicial Magistrate, Shamli, including the cognizance/summoning order dated 01.05.2025, can be quashed on the basis of the compromise arrived at between the parties.

Court's answer

In view of the settlement between the parties, the High Court directed that in case both parties appear before the trial court on the date fixed for verification of the compromise, the court concerned shall ascertain the veracity of the said compromise; if verified, a report shall be prepared and made part of the record, the parties would be allowed to obtain a certified copy thereof and file the same before the High Court by the next date, and after verification the report shall also be sent to the High Court.

Ratio / Principle

As interim protection, the High Court ordered that till the next date of listing (11.11.2025), no coercive action would be taken against the applicants in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 71), Application U/S 528 BNSS No. 33994 of 2025 — Jubair And 3 Others v. State Of U.P. And 5 Others — Hon'ble Raj Beer Singh, J. — decided October 6, 2025. Application under Section 528 BNSS seeking quashing of entire proceedings, including the cognizance/summoning order dated 01.05.2025, of Case No.3319 of 2025 (State vs. Jubair & others), arising out of Case Crime No.209 of 2024, under Sections 147, 323, 324, 504, 506, 325 IPC, Police Station-Kairana, District-Shamli, pending before the Chief Judicial Magistrate, Shamli, on the basis of a compromise arrived at between the parties and already filed before the trial court. The High Court did not quash the proceedings at this stage; it directed that both parties appear before the court concerned on the date fixed for verification of the compromise, that the court ascertain its veracity, that upon verification a report be prepared and made part of the record with a certified copy furnished to the parties for filing before the High Court by the next date and the report also sent to the High Court; the case was listed on 11.11.2025, with interim protection that no coercive action would be taken against the applicants till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33994 of 2025

Jubair And 3 Others

.....Applicant(s)

Versus

State Of U.P. And 5 Others

.....Opposite Party(s)

Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Heard learned counsel for applicants and learned AGA for State.

This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS ') has been filed for quashing of entire proceedings, including cognizance/ summoning order dated 01.05.2025, of Case No.3319 of 2025 (State vs. Jubair & others), arising out of Case Crime No.209 of 2024, under Sections 147, 323, 324, 504, 506, 325 IPC, Police Station-Kairana, District-Shamli, pending in the Court of Chief Judicial Magistrate, Shamli, on the basis of compromise arrived at between the parties.

It is submitted by learned counsel for the applicants that dispute between the parties is private in nature 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 court concerned 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 same shall also be sent to this Court.

List this case on 11.11.2025.

NA528 No. 33994 of 2025

2

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

October 6, 2025 CS/-

(Raj Beer Singh,J.)

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