Zubair Ahmad vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Zubair Ahmad vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application not finally decided; interim protection granted — no coercive action against applicant till next date of listing; parties directed to appear before the trial court on 17.10.2025 with original compromise for verification of its veracity; case listed fresh on 14.11.2025.

Issue for consideration

Whether the entire criminal proceedings in Session Trial No. 716 of 2025, including the charge sheet dated 28.3.2025 and the cognizance/summoning order dated 18.4.2025, should be quashed on the basis of the compromise arrived at between the parties.

Court's answer

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

Ratio / Principle

Parties directed to appear before the learned trial court with the original compromise on 17.10.2025; the trial court shall ascertain the veracity of the compromise and, if verified, make it part of the record, prepare a report to that effect, and permit the parties to obtain a certified copy to file before the High Court through supplementary affidavit.

Key takeaways

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

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), September 24, 2025 — Application under Section 528 BNSS No. 34447 of 2025 by Zubair Ahmad seeking quashing of the entire proceedings in Session Trial No. 716 of 2025 (arising out of Case Crime No. 11 of 2025, under sections 69 BNS and section 3, 5(1) of the U.P. Prohibition of Unlawful Conversation of Religion Act, 2021, P.S. Bazariya, District Kanpur Nagar, pending before FTC 41, Kanpur Nagar), including the charge sheet dated 28.3.2025 and the cognizance/summoning order dated 18.4.2025 passed by the Special CJM, Kanpur Nagar, on the basis of a compromise between the parties. Applicant pleaded a consensual and live-in relationship, reliance on the victim's statement under section 183 BNS that she did not wish to proceed, and that the trial court had refused to take the compromise on record. Held: whether a compromise has taken place can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it. Parties directed to appear before the trial court with the original compromise on 17.10.2025; upon verification, the compromise is to be made part of the record with a report, and a certified copy is to be filed before the High Court through supplementary affidavit. Till the next date of listing, no coercive action was to be taken against the applicant; case listed fresh on 14.11.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 34447 of 2025

Zubair Ahmad

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Sanjay Kumar Shukla
Counsel for Opposite Party(s)	:	G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Supplementary affidavit filed by learned counsel for the opposite party no. 2, is taken on record.

Heard Shri Sanjay Kumar Shukla, learned counsel for the applicant and Shri Krishna Kumar Dwivedi, learned counsel for the opposite party no. 2 and Shri Uma Shanker Mishra, learned A.G.A. for the State.

This application under Section 528 BNSS has been preferred to quash the entire proceedings on the basis of compromise including impugned charge sheet dated 28.3.2025 as well as cognizance/summoning order dated 18.4. 2025 passed by learned Special CJM, Kanpur Nagar in Session Trial No. 716 of 2025 arising out of Case Crime No. 11 of 2025, under sections 69 BNS and section 3, 5(1) the U.P. Prohibition of Unlawful Conversation of Religion Act, 2021, P.S. Bazariya, District Kanpur Nagar pending in the Court of FTC 41, Kanpur Nagar. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application.

Learned counsel for the applicant argued that the parties have entered into compromise, copy of the said compromise is annexed as Annexure no. CA-1 of the counter affidavit. It is also submitted that it is the case of consensual and live-in-relationship and learned trial court has refused to take compromise on record. It is further submitted that victim has herself stated in statement recorded under section 183 BNS that she was having relationship with the applicant and she does not want to proceed with the case. It is submitted that proceedings of the aforesaid case may be quashed

NA528 No. 34447 of 2025

2

on the basis of compromise arrived at between the parties.

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

Parties are directed to appear before the learned trial court along with original compromise on 17.10.2025 and thereafter the court concerned, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court through supplementary affidavit by the next date.

Parties are directed to produce certified copy of this order before the court concerned on the date fixed before it.

List this case 14.11.2025, as fresh.

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

(Jitendra Kumar Sinha,J.)

September 24, 2025 SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad